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Articles 1 - 18 of 18
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The Constitutional Dimensions Of Aboriginal Title, Brian Slattery
The Constitutional Dimensions Of Aboriginal Title, Brian Slattery
Brian Slattery
As the Supreme Court reaffirms in Tsilhqot’in Nation v. British Columbia (2014), Aboriginal title is a sui generis right which cannot be described in traditional property terms. This paper argues that the explanation for this fact is that Aboriginal title is not a concept of private law. It is a concept of public law. It does not deal with the rights of private entities but with the rights and powers of constitutional entities that form part of the Canadian federation. If we look for analogies to Aboriginal title, we find a close parallel in Provincial title – the rights held …
The Paradoxes Of National Self-Determination, Brian Slattery
The Paradoxes Of National Self-Determination, Brian Slattery
Brian Slattery
Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood …
A Theory Of The Charter, Brian Slattery
The Aboriginal Constitution, Brian Slattery
The Aboriginal Constitution, Brian Slattery
Brian Slattery
In a remarkable series of cases over the past decade, from Haida Nation to Manitoba Métis Federation, the Supreme Court of Canada has thrown a strong light on three basic elements of Aboriginal law: the honour of the Crown, the Royal Proclamation of 1763, and Aboriginal Treaties. This paper argues that these form the framework of the Aboriginal Constitution, which parallels the Federal Pact between the Provinces in the Constitution Act, 1867. Indeed, the Aboriginal Constitution provides the Constitution of Canada with its most ancient and enduring roots.
Expression And Location: Are There Constitutional Dead Zones?, Brian Slattery
Expression And Location: Are There Constitutional Dead Zones?, Brian Slattery
Brian Slattery
No abstract provided.
Why The Governor General Matters, Brian Slattery
The Metamorphosis Of Aboriginal Title, Brian Slattery
The Metamorphosis Of Aboriginal Title, Brian Slattery
Brian Slattery
Aboriginal title has undergone a significant transformation from the colonial era to the present day. In colonial times, aboriginal title was governed by Principles of Recognition based on ancient relations between the Crown and Indigenous American peoples. With the passage of time, this historical right has evolved into a generative right, governed by Principles of Reconciliation. As a generative right, aboriginal title exists in a dynamic but latent form, which is capable of partial articulation by the courts but whose full implementation requires agreement between the Indigenous party and the Crown. The courts have the power to recognize the core …
Aboriginal Rights And The Honour Of The Crown, Brian Slattery
Aboriginal Rights And The Honour Of The Crown, Brian Slattery
Brian Slattery
No abstract provided.
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Brian Slattery
No abstract provided.
First Nations And The Constitution: A Question Of Trust, Brian Slattery
First Nations And The Constitution: A Question Of Trust, Brian Slattery
Brian Slattery
No abstract provided.
Are Constitutional Cases Political?, Brian Slattery
Are Constitutional Cases Political?, Brian Slattery
Brian Slattery
The Constitutional Priority Of The Charter, Brian Slattery
The Constitutional Priority Of The Charter, Brian Slattery
Brian Slattery
Understanding Aboriginal Rights, Brian Slattery
The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery
The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery
Brian Slattery
This article reviews the constitutional and historical grounds for Aboriginal and treaty rights in Canada and discusses the legal effects of entrenching these rights in the Constitution of Canada in 1982.
The Independence Of Canada, Brian Slattery
Canadian Charter Of Rights And Freedoms - Override Clauses Under Section 33 - Whether Subject To Judicial Review Under Section 1, Brian Slattery
Canadian Charter Of Rights And Freedoms - Override Clauses Under Section 33 - Whether Subject To Judicial Review Under Section 1, Brian Slattery
Brian Slattery
No abstract provided.
The Independence Of Canada, Brian Slattery
The Independence Of Canada, Brian Slattery
Brian Slattery
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
Brian Slattery
The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.