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Full-Text Articles in Law
Book Review: Peter H. Russell, Recognizing Aboriginal Title: The Mabo Case And Indigenous Resistance To English-Settler, W. Wesley Pue
Book Review: Peter H. Russell, Recognizing Aboriginal Title: The Mabo Case And Indigenous Resistance To English-Settler, W. Wesley Pue
All Faculty Publications
This provides a short review and commentary on Peter Russell's extraordinary new work on aboriginal peoples and settler-colony imperialism in Canada, the USA, Australian, and New Zealand.
A Colonial Reading Of Recent Jurisprudence: Sparrow, Delgamuukw And Haida Nation, Gordon Christie
A Colonial Reading Of Recent Jurisprudence: Sparrow, Delgamuukw And Haida Nation, Gordon Christie
All Faculty Publications
Throughout Canada's long colonial relationship with Aboriginal nations, the Crown and the judiciary have worked in tandem. Historically, executive and legislative arms of government developed and implemented dispossessive and oppressive colonial policies and legal regimes, while the courts consciously developed conceptual frameworks meant to justify the taking of lands and the denial of Aboriginal sovereignty. This essay explores judicial attempts to justify the taking of lands and the denial of Aboriginal sovereignty, with the focus on how doctrinal law has conceived the transition from a world in which collective understandings of Aboriginal nations define the nature of their land interests …