Author : William Wicken
Publisher : University of Toronto Press
Page : 324 pages
File Size : 34,11 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 : 40,45 MB
Release : 2007
Category : Micmac Indians
ISBN :
Author : Marie Battiste
Publisher :
Page : pages
File Size : 47,63 MB
Release : 2018-08
Category :
ISBN : 9781771086868
Author : Alex M. Cameron
Publisher : McGill-Queen's Press - MQUP
Page : 280 pages
File Size : 36,24 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 : Jeffers Lennox
Publisher : University of Toronto Press
Page : 349 pages
File Size : 20,81 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 : Jean-Pierre Morin
Publisher : University of Toronto Press
Page : 281 pages
File Size : 32,19 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 : Stephen Allen
Publisher : Bloomsbury Publishing
Page : 427 pages
File Size : 28,75 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 : 302 pages
File Size : 18,88 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.
Author : Arthur J. Ray
Publisher : McGill-Queen's Press - MQUP
Page : 358 pages
File Size : 47,75 MB
Release : 2000
Category : History
ISBN : 9780773520608
Bounty and Benevolence draws on a wide range of documentary sources to provide a rich and complex interpretation of the process that led to these historic agreements. The authors explain the changing economic and political realities of western Canada during the nineteenth and early twentieth centuries and show how the Saskatchewan treaties were shaped by long-standing diplomatic and economic understandings between First Nations and the Hudson's Bay Company. Bounty and Benevolence also illustrates how these same forces created some of the misunderstandings and disputes that arose between the First Nations and government officials regarding the interpretation and implementation of the accords.
Author : Thomas Peace
Publisher : UBC Press
Page : 439 pages
File Size : 46,22 MB
Release : 2023-06-01
Category : History
ISBN : 0774868376
The commonplace history of Quebec and the Maritime Peninsula tells us that Canada and the US were decisively shaped by the defeat of Montcalm at the Plains of Abraham in 1759. This brilliant new history takes us back almost a hundred years earlier, examining French and English warfare, trade, diplomacy, and settlement on Mi’kmaw, Wabanaki, Peskotomuhkati, and Wolastoqiyik Lands. In doing so, Thomas Peace demonstrates how these Peoples maintained their Homelands, while, at the same time, after 1759, the broader historical context established in the early chapters of this book set the stage for a rapid influx of colonists on their Lands.
