In 2000, the Nisga'a treaty marked the culmination of over one hundred years of Nisga'a people protesting, petitioning, litigating, and negotiating for recognition of their rights. Beyond Rights explores this groundbreaking achievement and its impact. The Nisga'a were trailblazers in gaining Supreme Court recognition of unextinguished Aboriginal title, and the treaty marked a turning point in the relationship between First Nations and provincial and federal governments. Using this treaty as a pivotal case study, Carole Blackburn analyzes treaty making as a way to address historical injustice and to achieve contemporary legal recognition, and explores the possibilities for a distinct Indigenous citizenship in a settler state.
Over the course of a century, until the late 1700s, the British Crown, the Iroquois, and other Indigenous groups of eastern North America developed an alliance and treaty system known as the Covenant Chain. Bruce Morito offers a philosophical rereading of the historical record of negotiations, showing that the parties developed an ethic of mutually recognized respect. This ethic, Morito argues, remains relevant to current debates about Aboriginal and treaty rights because it is neither culturally nor historically bound. Real change is possible, if efforts can be shifted from piecemeal legal and political disputes to the development of an intercultural ethic based on trust, respect, and solidarity.
This title is a part of the 'Landmark cases in Canadian law' series.
In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine's case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings.
Published by Ontario's Department of Lands and Forests, this book describes the land treaties with First Nations of Ontario. It quotes from colonial and administrative correspondence and includes a map.
This book provides the first systematic and comprehensive analysis of the factors that explain both completed and incomplete treaty negotiations between Indigneous groups and the federal, provincial, and territorial governments of Canada.
This book chronicles Peter Kulchyski's experiences with the Begade Shutagot'ine, a small community of a few hundred people living in and around Tulita (formerly Fort Norman), on the Mackenzie River in the heart of Canada's Northwest Territories. While both Treaty Eleven (1921) and the Sahtu Treaty (1994) purport to extinguish Begade Shuhtagot'ine Aboriginal title, oral history and documented attempts to exclude themselves from treaty strongly challenge the validity of that extinguishment. Structured as a series of briefs to an inquiry into the Begade Shutagot'ine's claim, this manuscript documents the negotiation and implementation of the Sahtu treaty and amasses evidence of historical and continued presence and land use to make eminently clear that the Begade Shuhtagot'ine are the continued owners of the land by law.
Also available in print: E92 .R54 2017 LAW.
John Borrows and Michael Coyle bring together a group of renowned scholars, both Indigenous and non-Indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. The diverse perspectives offered in this volume examine how Indigenous people’s own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples.
To Share, Not Surrender offers an entirely new approach to assessing Indigenous-settler conflict over land, opening scholarship to the public and augmenting it with First Nations community expertise. Informed by cel'aṉ'en - "our culture, the way of our people" - this multivocal work of essays traces the transition from treaty-making in the colony of Vancouver Island to reserve formation in the colony of British Columbia. The collection also publishes translations/interpretations of the treaties into the SENĆOŦEN and Lekwungen languages. An all-embracing exploration of the struggle over land, To Share, Not Surrender advances the urgent task of reconciliation in Canada.
This book offers an examination of historical treaties and agreements bearing on Indigenous-non-Indigenous relations in Toronto, Canada, with generative arts-based activities for readers to use individually or in groups to explore their own relationship to the lands and Indigenous peoples of the Greater Toronto Area.