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Indigenous, Indian, and Aboriginal Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Canada (26)
- Indigenous peoples--Legal status, laws, etc. (14)
- Indigenous peoples--Land tenure (7)
- Indigenous peoples--Government relations (3)
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- Constitutional law (2)
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- Sovereignty (2)
- Aboriginal Australians--Legal status, laws, etc. (1)
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- Canada--History (1)
- Canada. Canadian Charter of Rights and Freedoms (1)
- Canada. First Nations Land Management Act (1)
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- Indians of North America--Land tenure (1)
Articles 31 - 32 of 32
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Aboriginal Sovereignty And Imperial Claims, Brian Slattery
Aboriginal Sovereignty And Imperial Claims, Brian Slattery
Osgoode Hall Law Journal
It is commonly assumed that Indigenous American nations had neither sovereignty in international law nor title to their territories when Europeans first arrived; North America was legally vacant and European powers could gain title to it simply by discovery, symbolic acts, occupation, or treaties among themselves. It follows, on this view, that current Indigenous claims to internal sovereignty or a "third order of government" have no historical basis. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or basic principles of justice. The author's view is that Indigenous American nations …
Aboriginal Rights: The Dispossession Of The Métis, L. A. H. Chartrand
Aboriginal Rights: The Dispossession Of The Métis, L. A. H. Chartrand
Osgoode Hall Law Journal
Section 31 of the Manitoba Act 1870 provided for a land settlement scheme for the benefit of the families of the Métis residents, towards the extinguishment of the Indian title. There are now no Métis reserves in Manitoba; section 31 was implemented in a way which permitted the quick dispossession of the Métis in the nineteenth century. The writer argues that the mode of implementing section 31 was a breach of constitutional obligation. Reference is made to the subsequent history of the western Métis and comments are offered regarding the current significance of the Métis dispossession.