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Sovereignty And The Aboriginal Nations Of Rupert's Land, Kent Mcneil
Sovereignty And The Aboriginal Nations Of Rupert's Land, Kent Mcneil
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Where the rights of the Aboriginal peoples of Canada are concerned, history and law are inseparable. Lawyers working on Aboriginal claims ignore history at their peril. But the converse is also true - historians whose work involves the Aboriginal peoples cannot afford to disregard law. Nowhere is this more apparent than in Rupert's Land, out of which the province of Manitoba was at least partially created. Solutions to lingering questions of sovereignty, territorial boundaries, jurisdiction, title to land, and so on, all must be sought in the middle ground where law and history overlap. In this article, we will venture …
Social Darwinism And Judicial Conceptions Of Indian Title In Canada In The 1880s, Kent Mcneil
Social Darwinism And Judicial Conceptions Of Indian Title In Canada In The 1880s, Kent Mcneil
Articles & Book Chapters
Discussions of Indian title to land in Canada usually start with St. Catherine's Milling and Lumber Company v. The Queen, a case that took three years to progress through the Canadian courts before finally being decided in 1888 in London, England, by the Judicial Committee of the Privy Council, then the highest appeal tribunal for the British Empire. Unfortunately, judicial analyses of the St. Catherine's case rarely take into account the impact of the historical context or contemporary attitudes toward the Indian peoples in Canada. While important insights into the case are found in the commentary of historians such as …