Book Description
Intersperses close analysis of the 1726 treaty with discussions of the Marshall case, and shows how the inter-cultural relationships and power dynamics of the past, have shaped both the law and the social climate of the present.
Author : William Wicken
Publisher : University of Toronto Press
Page : 324 pages
File Size : 47,36 MB
Release : 2002-01-01
Category : History
ISBN : 9780802076656
Intersperses close analysis of the 1726 treaty with discussions of the Marshall case, and shows how the inter-cultural relationships and power dynamics of the past, have shaped both the law and the social climate of the present.
Author : William Craig Wicken
Publisher :
Page : pages
File Size : 19,27 MB
Release : 2004
Category : Micmac Indians
ISBN :
Author : Marie Battiste
Publisher :
Page : 324 pages
File Size : 19,9 MB
Release : 2016-06-21
Category : Political Science
ISBN : 9781772060539
Regardless of Canada's governmental attitude of entitlement, First Nations, Métis and Inuit lands and resources are still tied to treaties and other documents. Their relevance seems forever in dispute, so it is important to know about them, to read them, to hear them and to comprehend their constitutional significance in contemporary life. This book aims to reveal another side of the treaties and their histories, focusing on stories from contemporary perspectives, both Mi'kmaw and their non-Mi'kmaw allies, who have worked with, experienced and indeed lived with the treaties at various times over the last fifty years. These authors have had experiences contesting the Crown's version of the treaty story, or have been rebuilding the Mi'kmaq and their nation with the strength of their work from their understandings of Mi'kmaw history. They share how they came to know about treaties, about the key family members and events that shaped their thinking and their activism and life's work. Treaties were negotiated in good faith with the King or Queen with an objective of shared benefits to both parties and members. In Living Treaties, the authors offer the stories of those who have lived under the colonial regime of a not-so-ancient time. Herein are passionate activists and allies who uncover the treaties, and their contemporary meanings, to both Mi'kmaq and settler societies and who speak to their future with them. Here also are the voices of a new generation of indigenous lawyers and academics who have made their life choices with credentials solidly in hand in order to pursue social and cognitive justice for their families and their people. Their mission: to enliven the treaties out of the caverns of the public archives, to bring them back to life and to justice as part of the supreme law of Canada; and to use them to mobilize the Mi'kmaw restoration and renaissance that seeks to reaffirm, restore and rebuild Mi'kmaw identity, consciousness, knowledges and heritages, as well as our connections and rightful resources to our land and ecologies.
Author : Alex M. Cameron
Publisher : McGill-Queen's Press - MQUP
Page : 280 pages
File Size : 16,13 MB
Release : 2009-10-01
Category : Law
ISBN : 0773581189
The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.
Author : Public Archives of Nova Scotia
Publisher :
Page : pages
File Size : 27,78 MB
Release : 2001
Category : Indians of North America
ISBN :
Author : Ken Coates
Publisher : McGill-Queen's Press - MQUP
Page : 432 pages
File Size : 30,45 MB
Release : 2000-11-09
Category : Law
ISBN : 0773568778
In The Marshall Decision and Native Rights Ken Coates explains the cross-cultural, legal, and political implications of the recent Supreme Court decision on the Donald Marshall case. He describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, detailing the bungling by federal departments and the lack of police preparedness. He shows how political, business, and Mi'kmaq leaders in the Maritimes handled the volatile situation, urging non-violence and speaking out against racism, in contrast to the way federal and regional leaders have responded in other parts of the country. Legal victories such as Marshall, argues Coates, are a double-edged sword that provide greater legal clarity but expand the gap between indigenous and non-indigenous peoples in Canada. Coates recounts the history of Mi'kmaq-white contact in the region and considers the impact of native rights on natural resources, showing that the costs will be borne mainly by rural Canadians. By placing the local and regional reaction to the Marshall decision in the broader historical, national, and international context of indigenous political and legal rights The Marshall Decision and Native Rights shows how little Canada has learned from three decades of First Nations legal conflicts and how far the country is from meaningful reconciliation.
Author : Jean-Pierre Morin
Publisher : University of Toronto Press
Page : 281 pages
File Size : 43,33 MB
Release : 2018-11-23
Category : History
ISBN : 148759447X
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.
Author : Jeffers Lennox
Publisher : University of Toronto Press
Page : 349 pages
File Size : 12,13 MB
Release : 2017-01-01
Category : History
ISBN : 1442614056
In this deeply researched and engagingly argued work, Jeffers Lennox reconfigures our general understanding of how Indigenous peoples, imperial forces, and settlers competed for space in northeastern North America before the British conquest in 1763.
Author : Stephen Allen
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 21,40 MB
Release : 2019-09-19
Category : Law
ISBN : 1509928669
The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
Author : James Muir
Publisher : University of Toronto Press
Page : 304 pages
File Size : 30,49 MB
Release : 2016-10-27
Category : History
ISBN : 1487512317
In the early history of Halifax (1749-1766), debt litigation was extremely common. People from all classes frequently used litigation and its use in private matters was higher than almost all places in the British Empire in the 18th century. In Law, Debt, and Merchant Power, James Muir offers an extensive analysis of the civil cases of the time as well as the reasons behind their frequency. Muir’s lively and detailed account of the individuals involved in litigation reveals a paradoxical society where debtors were also debt-collectors. Law, Debt, and Merchant Power demonstrates how important the law was for people in their business affairs and how they shaped it for their own ends.