Robert Mainville - BeardManWalking

An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

Publisher : UBC Press
Release Date : 2001-04-01
ISBN : 1895830532
Pages : 192 pages
Rating Book: 4.9/5 (895 users)

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Download or read book An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach written by Robert Mainville and published by UBC Press. This book was released on 2001-04-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.

Dismantling Canada

by Brooke Jeffrey

Publisher : McGill-Queen's Press - MQUP
Release Date : 2015-04-01
ISBN : 0773582517
Pages : 417 pages
Rating Book: 4.7/5 (773 users)

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Download or read book Dismantling Canada written by Brooke Jeffrey and published by McGill-Queen's Press - MQUP. This book was released on 2015-04-01 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Harper is the first prime minister to represent the new Conservative Party, and the first to declare that his goals include nothing less than changing Canada by entrenching conservative values and replacing the Liberals as the country’s natural governing party. After nine years of a closed-door governing style, his agenda is no longer hidden. As Brooke Jeffrey outlines in compelling detail in Dismantling Canada, Harper’s agenda is driven by a desire to impose order and tradition at home, and to take firm stands on emerging issues abroad. With only thirty-nine per cent of the popular vote in 2011, his government appears to have gone a surprisingly long way towards achieving those objectives, with little or no concerted public opposition. Illuminating the importance and influence of British and especially American right-wing conservatives on Harper’s strategies, the book explains how he has achieved so much through a combination of stealth, pragmatism, and ruthless determination. Providing fascinating insight into the origins of a new conservative vision for the economy, federalism, and domestic and foreign policies, Dismantling Canada explores Harper’s successes and failures, and evaluates the likely outcome of his long-term agenda to change Canada into a country most Canadians would not recognize.

The Tenth Justice

by Carissima Mathen

Publisher : UBC Press
Release Date : 2020-06-01
ISBN : 0774864303
Pages : 280 pages
Rating Book: 4.7/5 (774 users)

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Download or read book The Tenth Justice written by Carissima Mathen and published by UBC Press. This book was released on 2020-06-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon – a federal court judge – for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. The Tenth Justice offers a detailed analysis of the background, issues surrounding, and legacy of the Reference re Supreme Court Act, ss 5 and 6.

Solemn Words and Foundational Documents

by Jean-Pierre Morin

Publisher : University of Toronto Press
Release Date : 2018-11-29
ISBN : 1487594453
Pages : 280 pages
Rating Book: 4.8/5 (487 users)

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Download or read book Solemn Words and Foundational Documents written by Jean-Pierre Morin and published by University of Toronto Press. This book was released on 2018-11-29 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Solemn Words and Foundational Documents, Jean-Pierre Morin unpacks the complicated history of Indigenous treaties in Canada. By including the full text of eight significant treaties from across the country--each accompanied by a cast of characters, related sources, discussion questions, and an essay by the author--he teaches readers how to analyze and understand treaties as living documents. The book begins by examining treaties concluded during the height of colonial competition, when France and Britain each sought to solidify their alliances with Indigenous peoples. It then goes on to tell the stories of treaty negotiations from across the country: the miscommunication of ideas and words from Crown representatives to treaty text; the varying ranges of rights and promises; treaty negotiations for which we have a rich oral history but limited written records; multiple phases of post-Confederation treaty-making; and the unique case of competing treaties with radically different interpretations.

Activities Report

by International Joint Commission

Publisher :
Release Date : 1986
ISBN :
Pages : pages
Rating Book: 4.3/5 (31 users)

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Download or read book Activities Report written by International Joint Commission and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Grounded Authority

by Shiri Pasternak

Publisher : U of Minnesota Press
Release Date : 2017-06-06
ISBN : 1452954690
Pages : 392 pages
Rating Book: 4.5/5 (452 users)

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Download or read book Grounded Authority written by Shiri Pasternak and published by U of Minnesota Press. This book was released on 2017-06-06 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since Justin Trudeau’s election in 2015, Canada has been hailed internationally as embarking on a truly progressive, post-postcolonial era—including an improved relationship between the state and its Indigenous peoples. Shiri Pasternak corrects this misconception, showing that colonialism is very much alive in Canada. From the perspective of Indigenous law and jurisdiction, she tells the story of the Algonquins of Barriere Lake, in western Quebec, and their tireless resistance to federal land claims policy. Grounded Authority chronicles the band’s ongoing attempts to restore full governance over its lands and natural resources through an agreement signed by settler governments almost three decades ago—an agreement the state refuses to fully implement. Pasternak argues that the state’s aversion to recognizing Algonquin jurisdiction stems from its goal of perfecting its sovereignty by replacing the inherent jurisdiction of Indigenous peoples with its own, delegated authority. From police brutality and fabricated sexual abuse cases to an intervention into and overthrow of a customary government, Pasternak provides a compelling, richly detailed account of rarely documented coercive mechanisms employed to force Indigenous communities into compliance with federal policy. A rigorous account of the incredible struggle fought by the Algonquins to maintain responsibility over their territory, Grounded Authority provides a powerful alternative model to one nation’s land claims policy and a vital contribution to current debates in the study of colonialism and Indigenous peoples in North America and globally.

Freedom and Indigenous Constitutionalism

by John Borrows

Publisher : University of Toronto Press
Release Date : 2016
ISBN : 1442629231
Pages : 371 pages
Rating Book: 4.4/5 (442 users)

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Download or read book Freedom and Indigenous Constitutionalism written by John Borrows and published by University of Toronto Press. This book was released on 2016 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom.

Voices From the Odeyak

by Michael Posluns

Publisher : Dundurn
Release Date : 1993-09-01
ISBN : 1459720881
Pages : 232 pages
Rating Book: 4.5/5 (459 users)

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Download or read book Voices From the Odeyak written by Michael Posluns and published by Dundurn. This book was released on 1993-09-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: On April 23, 1990, after a five-week journey from Hudson Bay to the Hudson River, the Odeyak landed at the Battery for Earth Day. Half-Cree, half-Inuit, the 24-foot freighter canoe, plowing across the Manhattan seascape, was a strange small vessel build in the dark Arctic winter to carry a message from two First Nations of the northern wilderness to a reclaiming of Times Square for Mother Earth. Along with the Crees’ and the Inuit’s hopes and fears for their children and for the future of their river, the Odeyak carried a simple request. The Great Whale Hydroelectric Project, the first part of James Bay II, will destroy the natural economy of the Great Whale region, killing the way of life the Crees and the Inuit have followed since time immemorial. It came to ask the people of New England and New York not to buy the power.

Wise Practices

by Robert Hamilton

Publisher : University of Toronto Press
Release Date : 2021-09-23
ISBN : 1487525656
Pages : 384 pages
Rating Book: 4.8/5 (487 users)

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Download or read book Wise Practices written by Robert Hamilton and published by University of Toronto Press. This book was released on 2021-09-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between Indigenous self-determination - specifically practices of law and governance - and Indigenous social and economic development.

From Recognition to Reconciliation

by Patrick Macklem

Publisher : University of Toronto Press
Release Date : 2016-04-06
ISBN : 144262499X
Pages : 496 pages
Rating Book: 4.4/5 (442 users)

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Download or read book From Recognition to Reconciliation written by Patrick Macklem and published by University of Toronto Press. This book was released on 2016-04-06 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than thirty years ago, section 35 of the Constitution Act recognized and affirmed “the existing aboriginal and treaty rights of the aboriginal peoples of Canada.” Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.

Remedies for Human Rights Violations

by Kent Roach

Publisher : Cambridge University Press
Release Date : 2021-04-08
ISBN : 1108417876
Pages : 450 pages
Rating Book: 4.0/5 (18 users)

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Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.

In Pursuit of Pluralist Jurisprudence

by Nicole Roughan

Publisher : Cambridge University Press
Release Date : 2017-09-30
ISBN : 1107183960
Pages : 392 pages
Rating Book: 4.0/5 (17 users)

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Download or read book In Pursuit of Pluralist Jurisprudence written by Nicole Roughan and published by Cambridge University Press. This book was released on 2017-09-30 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.

The Dundurn Arctic Culture and Sovereignty Library

by Michael Posluns

Publisher : Dundurn
Release Date : 2014-05-07
ISBN : 1459729560
Pages : 3128 pages
Rating Book: 4.5/5 (459 users)

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Download or read book The Dundurn Arctic Culture and Sovereignty Library written by Michael Posluns and published by Dundurn. This book was released on 2014-05-07 with total page 3128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special bundle is your essential guide to all things concerning Canada’s polar regions, which make up the majority of Canada’s territory but are places most of us will never visit. The Arctic has played a key role in Canada’s history and in the history of the indigenous peoples of this land, and the area will only become more strategically and economically important in the future. This bundle provides an in-depth crash course, including titles on Arctic exploration (Arctic Obsession), Native issues (Arctic Twilight), sovereignty (In the Shadow of the Pole), adventure and survival (Death Wins in the Arctic), and military issues (Arctic Front). Let this collection be your guide to the far reaches of this country. Arctic Front Arctic Naturalist Arctic Obsession Arctic Revolution Arctic Twilight Death Wins in the Arctic In the Shadow of the Pole Pike’s Portage Voices From the Odeyak

Report, Returns and Statistics of the Inland Revenues of the Dominion of Canada ...

Publisher :
Release Date : 1896
ISBN :
Pages : pages
Rating Book: 4.3/5 (33 users)

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Download or read book Report, Returns and Statistics of the Inland Revenues of the Dominion of Canada ... written by and published by . This book was released on 1896 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sessional Papers

by Canada. Parliament

Publisher :
Release Date : 1896
ISBN :
Pages : pages
Rating Book: 4.O/5 ( users)

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Download or read book Sessional Papers written by Canada. Parliament and published by . This book was released on 1896 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Report of the Dominion fishery commission on the fisheries of the province of Ontario, 1893", issued as an addendum to vol. 26, no. 7.

The Subjugation of Canadian Wildlife

by Max Foran

Publisher : McGill-Queen's Press - MQUP
Release Date : 2018-04-10
ISBN : 0773554270
Pages : pages
Rating Book: 4.7/5 (773 users)

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Download or read book The Subjugation of Canadian Wildlife written by Max Foran and published by McGill-Queen's Press - MQUP. This book was released on 2018-04-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardly a day goes by without news of the extinction or endangerment of yet another animal species, followed by urgent but largely unheeded calls for action. An eloquent denunciation of the failures of Canada’s government and society to protect wildlife from human exploitation, Max Foran’s The Subjugation of Canadian Wildlife argues that a root cause of wildlife depletions and habitat loss is the culturally ingrained beliefs that underpin management practices and policies. Tracing the evolution of the highly contestable assumptions that define the human–wildlife relationship, Foran stresses the price wild animals pay for human self-interest. Using several examples of government oversight at the federal, provincial, and territorial levels, from the Species at Risk Act to the Biodiversity Strategy, Protected Areas Network, and provincial management plans, this volume shows that wildlife policies are as much – or more – about human needs, priorities, and profit as they are about preservation. Challenging established concepts including ecological integrity, adaptive management, sport hunting as conservation, and the flawed belief that wildlife is a renewable resource, the author compels us to recognize animals as sentient individuals and as integral components of complex ecological systems. A passionate critique of contemporary wildlife policy, The Subjugation of Canadian Wildlife calls for belief-change as the best hope for an ecologically healthy, wildlife-rich Canada.

Aboriginal Peoples and the Law

by Jim Reynolds

Publisher : Purich Books
Release Date : 2018-05-15
ISBN : 0774880236
Pages : 296 pages
Rating Book: 4.7/5 (774 users)

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Download or read book Aboriginal Peoples and the Law written by Jim Reynolds and published by Purich Books. This book was released on 2018-05-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.