LEADER 04636oam 2200685 a 450 001 9910791587903321 005 20231206202755.0 010 $a1-283-13153-6 010 $a9786613131539 010 $a0-7748-5307-7 024 7 $a10.59962/9780774853071 035 $a(CKB)2560000000048738 035 $a(OCoLC)47009054 035 $a(CaPaEBR)ebrary10135975 035 $a(SSID)ssj0000381657 035 $a(PQKBManifestationID)11297273 035 $a(PQKBTitleCode)TC0000381657 035 $a(PQKBWorkID)10381319 035 $a(PQKB)10371566 035 $a(CaPaEBR)404019 035 $a(CaBNvSL)jme00326706 035 $a(VaAlCD)20.500.12592/srh5sh 035 $a(MiAaPQ)EBC3412139 035 $a(DE-B1597)661915 035 $a(DE-B1597)9780774853071 035 $a(MiAaPQ)EBC3245692 035 $a(EXLCZ)992560000000048738 100 $a19961217d1997 uy e 101 0 $aeng 135 $aurcn||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 00$aAboriginal and treaty rights in Canada $eessays on law, equity, and respect for difference /$feditor, Michael Asch 210 1$aVancouver :$cUBC Press,$d1997. 215 $a1 online resource (302 pages) 300 $aBibliographic Level Mode of Issuance: Monograph 311 0 $a0-7748-0580-3 320 $aIncludes bibliographical references and index. 327 $aAcknowledgments Introduction 1 Culture and Anarchy in Indian Country 2 Challenging Assumptions: The Impact of Precedent in Aboriginal Rights Litigation 3 Re-examining Culturally Appropriate Models in Criminal Justice Applications 4 The Impact of Treaty 9 on Natural Resource Development in Northern Ontario 5 The Meaning of Aboriginal Title 6 Wampum at Niagara: The Royal Proclamation, Canadian Legal History, and Self-Government 7 Understanding Treaty 6: An Indigenous Perspective. 8 Affirming Aboriginal Title: A New Basis for Comprehensive Claims Negotiations Notes Contributors Index 330 $aIn the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. What results is a systematic bias in the legal system that places Indigenous peoples at a distinct disadvantage. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation. The collection also includes an essay that, by means of ethnographic and historical data, raises concerns respecting how the law might be distorted even further if we are not careful in assuring that what is defined as Indigenous today is detached from its own traditions and divorced from contemporary issues. In sum, Aboriginal and Treaty Rights in Canada shows that changes in the way in which these rights are conceptualized and interpreted are urgently needed. This book then offers concrete proposals regarding substantive, processual, and conceptual matters that together provide the means to put change into practice. 606 $aIndians of North America$xLegal status, laws, etc$zCanada 606 $aIndians of North America$xLand tenure$zCanada 606 $aIndians of North America$zCanada$xGovernment relations 606 $aIndian land transfers$zCanada 606 $aIndigenous peoples$xLegal status, laws, etc$zCanada 615 0$aIndians of North America$xLegal status, laws, etc. 615 0$aIndians of North America$xLand tenure 615 0$aIndians of North America$xGovernment relations. 615 0$aIndian land transfers 615 0$aIndigenous peoples$xLegal status, laws, etc. 676 $a323.1/197071 702 $aAsch$b Michael 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910791587903321 996 $aAboriginal and treaty rights in Canada$93846411 997 $aUNINA