Indigenous Difference And The Constitution Of Canada Download Ebook PDF Epub Online

Author : Patrick Macklem
Publisher : University of Toronto Press
Release : 2001-01-01
Page : 334
Category : Law
ISBN 13 : 9780802080493
Description :


An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.


Author :
Publisher :
Release : 1982
Page : 35
Category : Constitutional amendments
ISBN 13 :
Description :



Author : Canada
Publisher :
Release : 1998
Page : 162
Category : Constitutional history
ISBN 13 : 9780660607726
Description :



Author : Royal Canadian Geographical Society
Publisher :
Release : 2018
Page : 69
Category : Canada
ISBN 13 : 9780986751653
Description :


This four-volume atlas shares the experiences, perspectives, and histories of First Nations, Inuit and Métis peoples. This project was inspired by the Truth and Reconciliation Commission's Calls to Action. Exploring themes of language, demographics, economy, environment and culture, with in-depth coverage of treaties and residential schools, these are stories of Canada's Indigenous Peoples, told in detailed maps and rich narratives.


Author : Jim Reynolds
Publisher : Purich Books
Release : 2018-05-15
Page : 296
Category : Law
ISBN 13 : 0774880236
Description :


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.


Author : Patrick Macklem
Publisher : Oxford University Press, USA
Release : 2015-09-02
Page : 272
Category : Civil rights
ISBN 13 : 0190267313
Description :


The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.


Author : Alan Cairns
Publisher : UBC Press
Release : 2011-11-01
Page : 288
Category : Social Science
ISBN 13 : 0774841354
Description :


In Citizens Plus, Alan Cairns unravels the historical record to clarify the current impasse in negotiations between Aboriginal peoples and the state. He considers the assimilationist policy assumptions of the imperial era, examines more recent government initiatives, and analyzes the emergence of the nation-to-nation paradigm given massive support by the Royal Commission on Aboriginal Peoples. We are battered by contending visions, he argues - a revised assimilation policy that finds its support in the Canadian Alliance Party is countered by the nation-to-nation vision, which frames our future as coexisting solitudes. Citizens Plus stakes out a middle ground with its support for constitutional and institutional arrangements which will simultaneously recognize Aboriginal difference and reinforce a solidarity which binds us together in common citizenship. Selected as a BC Book for Everybody


Author : Canada
Publisher : Franklin Classics
Release : 2018-10-12
Page : 72
Category :
ISBN 13 : 9780342665761
Description :


This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Author : Yvonne Boyer
Publisher :
Release : 2011
Page :
Category : Indians of North America
ISBN 13 :
Description :


First Nations, Métis and Inuit Health and the Law: A Framework for the Future charts the development of ill health from a formerly healthy, disease-free Aboriginal society pre-contact. However, because of historical factors and events, Aboriginal health was shaped through many Canadian laws, legislation and policies that were detrimental to not only the social fibre of Aboriginal people but to their physical health. Today, there is a stark difference between the health of Aboriginal people and non-Aboriginal people in Canada with alarming rates of chronic diseases and socio-economic ills. While health indicators, such as mortality and morbidity, are important -- it is also equally important to look at economic measures that determine health outcomes as the basic needs of clean water, adequate and available housing, sewage, food security, environmental contaminants and access to basic health care services. These are services that the majority of Canadians take for granted. For these reasons, a study of Aboriginal health must reflect a holistic approach that considers the importance of key health determinants. In addition to the determinants that affect Aboriginal health it is important that other key factors are also examined for their particularly harmful effects on Aboriginal people (especially on Aboriginal women). These factors include (but are not limited to), historical epidemics and the intergenerational effects of poor nutrition and starvation, socioeconomic, geographical and environmental factors, colonization, residential schools, forced sterilization, drug experiments, the Indian Act and other laws that may not directly target Aboriginal people but the law's effect have proven devastating. It is proposed that the health of Aboriginal people has been shaped through Canadian laws, legislation and policies beginning with the early Crown/Aboriginal relationship. Early agreements and negotiation terms are explored regarding their promises that form the basis for the establishment of the Crown/Aboriginal fiduciary relationship that includes legally enforceable fiduciary obligations to provide access to quality health care. The assertion of Aboriginal rights and the signing of specific treaties, which deal with health care also reaffirmed this relationship. Unless the treaty expressly extinguished Aboriginal rights, anyone who possesses treaty rights also possesses Aboriginal rights (although not all people who possess Aboriginal rights also possess treaty rights). Aboriginal rights are inherent to all Aboriginal people in Canada and are passed down from generation to generation. They are derived from Aboriginal knowledge, heritage, and law. Traditional healing and health practices, medicines and medical applications for the prevention and promotion of good health are ways through which Aboriginal people manifest or express an inherent right to health. Aboriginal and treaty rights are entrenched in the Constitution Act, 1982. This thesis will examine why Aboriginal health is in crisis today while considering how the law can be used to bring the health status closer together -- to help close the gap by discovering the reasons that there are gaps and to identify if any legal breaches are the cause. To achieve this, the rights that Aboriginal people possess are examined to highlight any breaches of the government's constitutional obligations towards Aboriginal peoples that may have contributed to the poor health outcomes. While concentrating on law, policy development and a review of other jurisdictions, First Nations, Métis and Inuit Health and the Law: A Framework for the Future explains how policies and laws can be reshaped into becoming useful tools for community and national development that will ultimately advance all realms of Aboriginal health and asserts that not only do Aboriginal people possess the same rights to health that all Canadians do, but also possess constitutionally entrenched Aboriginal and treaty rights to health. While accountability is important, so are solutions and recommendations for change. The aim of this work is to move the dialogue towards new ways to deal with old problems and offer hope for change and practical solutions that may provoke thought and real difference in the lives and generations of Aboriginal people to come.


Author : Patrick Macklem
Canada. Royal Commission on Aboriginal Peoples
Publisher : Canadian Government Publishing
Release : 1995
Page : 440
Category : Aboriginal Australians
ISBN 13 :
Description :


This book is a compilation of five papers on legal and constitutional issues of Aboriginal self-government. The first paper describes and assesses five perspectives in support of the right of Aboriginal self-government: prior occupancy, prior sovereignty, treaties, self-determination, and preservation of minority culture. The second provides Inuit perspectives on treaty rights and governance; the third and fourth discuss the inclusion of Metis under Section 91(24) of the 1867 Constitution Act. The final paper makes suggestions about how Aboriginal self-government could be implemented without any amendment of the Constitution of Canada. The authors discuss the nature of the powers that could be included in a self-government agreement, making extensive reference to the Yukon First Nation Self-Government Agreements. They also make recommendations regarding constitutional protection of self-government agreements and the development of Aboriginal constitutions.


Author : Law Commission of Canada
Publisher : UBC Press
Release : 2008-01-01
Page : 192
Category : Law
ISBN 13 : 0774855770
Description :


The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.


Author : David Craig Hawkes
Evelyn Joy Peters
Publisher : Kingston, Ont. : Queen's University, Institute of Intergovernmental Relations
Release : 1986
Page : 83
Category : Canada
ISBN 13 :
Description :


Report of workshop held at Queen's University in Kingston, Ontario May 27-30, 1986. Examines practical problems in designing mechanisms and making arrangements for implementing aboriginal self-government agreements in Canada. Also identifies important elements to be considered in design of future self-government agreements.


Author : Bob Joseph
Cindy Joseph
Publisher : Indigenous Relations Press
Release : 2019-05-09
Page : 210
Category : Social Science
ISBN 13 : 9781989025642
Description :


"We are all treaty people. This eagerly awaited sequel to the bestselling 21 Things You May Not Know About the Indian Act offers practical tools that will help you respectfully avoid missteps in your business interactions and personal relationships with Indigenous Peoples. This book will teach you about: Aboriginal Rights and Title, and the treaty process the difference between hereditary and elected leadership, and why it matters the lasting impact of the Indian Act, including the barriers that Indigenous communities face which terms are preferable, and which should be avoided Indigenous Worldviews and cultural traditions the effect of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canada the truth behind common myths and stereotypes perpetuated about Indigenous Peoples since Confederation. In addition to being a hereditary chief, Bob Joseph is the President of Indigenous Corporate Training Inc., which offers programs in cultural competency. Here he offers an eight-part process that businesses and all levels of government can use to work more effectively with Indigenous Peoples, which benefits workplace culture as well as the bottom line. Embracing reconciliation on a daily basis in your work and personal life is the best way to undo the legacy of the Indian Act. By understanding and respecting cultural differences, you$1 (Bre taking a step toward full reconciliation between Indigenous and non-Indigenous peoples."--s.


Author : Bruce B. Ryder
Patrick Macklem
Publisher :
Release : 2016-11
Page : 1465
Category : Constitutional law
ISBN 13 : 9781772550702
Description :


"This edition remains true to the structure and purposes of previous editions, especially with regard to the editors' commitment to the idea that understanding constitutional history is critical to comprehending the present ad future of Canadian constitutional law."--Résumé de l'éditeur.


Author : Michael Asch
Publisher : UBC Press
Release : 1997
Page : 284
Category : Social Science
ISBN 13 : 9780774805810
Description :


Contains eight essays redressing bias in the Canadian legal system against Indigenous peoples, discussing recent court decisions, current legal and cultural theory, and newly discovered historical information. Of particular note are data relevant to a better understanding of the political and legal relations established by treaty and the Royal Proclamation of 1763. Other topics include the definition of Aboriginal rights, and the privileging of written over oral testimony in litigation. Annotation copyrighted by Book News, Inc., Portland, OR


Author : Bob Joseph
Publisher : Indigenous Relations Press
Release : 2018-04-10
Page : 160
Category :
ISBN 13 : 9780995266520
Description :


Based on a viral article, 21 Things You May Not Know About the Indian Act is the essential guide to understanding the legal document and its repercussion on generations of Indigenous Peoples, written by a leading cultural sensitivity trainer.Since its creation in 1876, the Indian Act has shaped, controlled, and constrained the lives and opportunities of Indigenous Peoples, and is at the root of many enduring stereotypes. Bob Joseph's book comes at a key time in the reconciliation process, when awareness from both Indigenous and non-Indigenous communities is at a crescendo. Joseph explains how Indigenous Peoples can step out from under the Indian Act and return to self-government, self-determination, and self-reliance--and why doing so would result in a better country for every Canadian. He dissects the complex issues around truth and reconciliation, and clearly demonstrates why learning about the Indian Act's cruel, enduring legacy is essential for the country to move toward true reconciliation.


Author : Arthur Manuel
Grand Chief Ronald M. Derrickson
Publisher : Between the Lines
Release : 2015-04-01
Page : 320
Category : History
ISBN 13 : 1771131772
Description :


Unsettling Canada is built on a unique collaboration between two First Nations leaders, Arthur Manuel and Grand Chief Ron Derrickson. Both men have served as chiefs of their bands in the B.C. interior and both have gone on to establish important national and international reputations. But the differences between them are in many ways even more interesting. Arthur Manuel is one of the most forceful advocates for Aboriginal title and rights in Canada and comes from the activist wing of the movement. Grand Chief Ron Derrickson is one of the most successful Indigenous businessmen in the country. Together the Secwepemc activist intellectual and the Syilx (Okanagan) businessman bring a fresh perspective and new ideas to Canada’s most glaring piece of unfinished business: the place of Indigenous peoples within the country’s political and economic space. The story is told through Arthur’s voice but he traces both of their individual struggles against the colonialist and often racist structures that have been erected to keep Indigenous peoples in their place in Canada. In the final chapters and in the Grand Chief’s afterword, they not only set out a plan for a new sustainable indigenous economy, but lay out a roadmap for getting there.


Author : David Milward
Publisher : UBC Press
Release : 2012-11-16
Page : 332
Category : Social Science
ISBN 13 : 0774824581
Description :


Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.


Author : Wendy Moss
Elaine Gardner-O'Toole
Publisher :
Release : 1991
Page : 27
Category : Indians of North America
ISBN 13 : 9780660145334
Description :


This paper provides a survey of the history of federal and provincial laws discriminating against aboriginal people with the primary focus being on Indians and the federal Indian Act. Federal and provincial homestead and franchise laws are also examined.


Author : Peter W. Hogg
Publisher :
Release : 1982
Page : 155
Category : Canada
ISBN 13 :
Description :