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Aboriginal Lands And Resources: An Assessment Of The Royal Commission's Recommendations, Kent Mcneil
Aboriginal Lands And Resources: An Assessment Of The Royal Commission's Recommendations, Kent Mcneil
Articles & Book Chapters
The Aboriginal peoples have been living on the land in what is now Canada and deriving their livelihood from its natural resources for thousands of years. Elder Alex Stead, at a public hearing held by the Royal Commission on Aboriginal Peoples (RCAP) in Winnipeg on April 22, 1992, put it this way: "We are so close to the land. This is my body when you see this mother earth, because I live by it. Without that water, we dry up, we die. Without food from the animals, we die, because we got to live on that. That's why I call …
What's Law Got To Do With It?: The Protection Of Aboriginal Title In Canada, Patrick Macklem
What's Law Got To Do With It?: The Protection Of Aboriginal Title In Canada, Patrick Macklem
Osgoode Hall Law Journal
This essay presents and contrasts two narratives on the past and future of the law of Aboriginal title. The first narrative, drawn from the Final Report of the Royal Commission on Aboriginal Peoples, grounds the law of Aboriginal title in inter-societal norms that enabled the mutual coexistence of colonists and settlers in North America. It locates Aboriginal territorial dispossession in colonial policies and practices that failed to conform to the spirit of mutual coexistence, and calls on governments to provide Aboriginal people with lands and resources necessary for self-sufficiency. The counter-narrative describes the law of Aboriginal title as a relatively …
Aboriginal Rights In Canada In 1996: An Overview Of The Decision Of The Supreme Court Of Canada, Kent Mcneil
Aboriginal Rights In Canada In 1996: An Overview Of The Decision Of The Supreme Court Of Canada, Kent Mcneil
Articles & Book Chapters
Measured by judicial decisions, 1996 was by far the most significant year for Aboriginal rights in Canada since 1990, when the Supreme Court of Canada, in R v Sparrow, first examined the effect of recognition and affirmation of Aboriginal and treaty rights in section 35(1) of the Constitution Act 1982. The Sparrow decision acknowledged that section 35(1) provides unextinguished Aboriginal rights with constitutional protection against legislative infringement, unless the infringement can be justified by a strict test, outlined below, which the Supreme Court created. However, that decision did not address the vital question of how Aboriginal rights are …
Aboriginal Nations And The Canadian Nation, Shin Imai
Aboriginal Nations And The Canadian Nation, Shin Imai
Articles & Book Chapters
In the winter of 1763, Nipissing and Algonquin messengers were dispatched across Indian country. They carried strings of wampum and spread word of an important conference to be held at Niagara Falls. Two thousand chiefs gathered the next summer. There were Mic Mac from the east coast, Cree from the north, Iroquois from Lake Ontario, Lakota from the west—twenty-four nations in all. They were met by William Johnson, Superintendent of Indian Affairs, who presented wampum belts and gifts to negotiate a peace between the British and the First Nations.