Jump to ContentJump to Main Navigation

You are looking at 1-14 of 14 items

  • Keywords: aboriginal rights x
Clear All Modify Search

View:

Doctrinal Pathways in Canada and Australia—The Devil in the Detail of a Maturing Jurisprudence

Dr. P. G. McHugh

in Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199699414
eISBN:
9780191732133
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199699414.003.0003
Subject:
Law, Public International Law, Legal History

Canada and Australia were the two busiest jurisdictions where courts embarked upon construction of the proprietary parameters of aboriginal title and built major national jurisprudences. Canada took ... More


Moving Beyond Recognition: Aboriginal Governance in the Turbulent 1990s

P.G. McHUGH

in Aboriginal Societies and the Common Law: A History of Sovereignty, Status, and Self-Determination

Published in print:
2004
Published Online:
January 2010
ISBN:
9780198252481
eISBN:
9780191710438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252481.003.0000
Subject:
Law, Philosophy of Law, Legal History

This chapter considers the emergence during the 1990s of governance as a major issue for the post-recognition jurisprudence of aboriginal rights. It shows that the exercise of self-determination ... More


Anthropologists in the Canadian Courts

Elizabeth Cassell

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0008
Subject:
Law, Comparative Law

European settlers in the mid-19th century laid claim to the majority of the Gitksan and Wet'suwet'en land, although the land was never conquered, ceded, or signed away under the treaty process that ... More


Canada and the Canadian Charter of Rights and Freedoms (1982)

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0005
Subject:
Political Science, Comparative Politics

This chapter examines the socio‐political genesis of the Canadian Charter of Rights and Freedoms (1982). The first part of the chapter examines the immediate political origins of this instrument. It ... More


Judicial Activism in the Supreme Court of Canada

Kent Roach

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0003
Subject:
Law, Public International Law, EU Law

This chapter begins with an examination of the political dimensions of Canada's debate about judicial activism, focusing on the criticisms of judicial activism that have come from both the ... More


Seeking Sovereignty

Evan Fox-Decent

in Sovereignty's Promise: The State as Fiduciary

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.003.0003
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

I discuss the fiduciary relationship the Supreme Court of Canada has recognised between the Crown and Aboriginal peoples. The First Nations case is significant because it demonstrates that public, ... More


Some Objections

Evan Fox-Decent

in Sovereignty's Promise: The State as Fiduciary

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.003.0004
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

In this chapter I consider arguments which contend that the public fiduciary model has no wider application than the Crown-Native relationship. They are unpersuasive. The distinct nature of ... More


New Zealand and the New Zealand Bill of Rights Act (1990)

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0006
Subject:
Political Science, Comparative Politics

This chapter considers the socio‐politics of bill of rights debates and outcomes in New Zealand. The first part of the chapter focuses on the unsuccessful proposals for a bill of rights in the late ... More


Canadian Participatory Rights in Mining and Energy Resource Development: The Bridges to Empowerment?

Alastair R. Lucas

in Human Rights in Natural Resource Development: Public Participation in the Sustainable Development of Mining and Energy Resources

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199253784
eISBN:
9780191698163
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253784.003.0009
Subject:
Law, Human Rights and Immigration

This chapter documents the acceptance and at least partial legalisation of public participation in Canadian energy and natural resources regulatory decisions. The core of the chapter goes a step ... More


The Acquisition of Aboriginal Land in Canada: The Genealogy of an Ambivalent System (1600–1867)

Alain Beaulieu

in Empire by Treaty: Negotiating European Expansion, 1600-1900

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199391783
eISBN:
9780190213213
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199391783.003.0005
Subject:
History, World Early Modern History, Social History

For more than a century after the conquest of New France, the system for acquiring native land in Canada was ambivalent, characterized by two distinct methods: unilateral dispossession and land ... More


Canadian Energy Infrastructure and the Federalist Dilemma

Alastair R. Lucas

in Energy Networks and the Law: Innovative Solutions in Changing Markets

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199645039
eISBN:
9780191738647
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199645039.003.0002
Subject:
Law, Environmental and Energy Law, Public International Law

This chapter is about public regulation in an interjurisdictional setting. It asks whether there are fundamental constitutional federalism constraints that must be taken into account in energy ... More


Commissions of Inquiry and the Idea of a New Social Contract

Miranda Johnson

in The Land Is Our History: Indigeneity, Law, and the Settler State

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190600020
eISBN:
9780190600051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190600020.003.0005
Subject:
History, World Modern History

Chapter 4 turns to the commissions of inquiry that the Australian and Canadian governments created when they realized they had to respond to some of the demands of indigenous peoples as a consequence ... More


Archaeology Taken to Court: Unravelling the Epistemology of Cultural Tradition in the Context of Aboriginal Title Cases

Andrew Martindale

in Rethinking Colonial Pasts through Archaeology

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199696697
eISBN:
9780191804878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199696697.003.0019
Subject:
History, Ancient History / Archaeology

This chapter examines the epistemology of cultural tradition in the context of court cases involving Aboriginal rights and titles in Canada. Focusing on the global impact and the legal legacy of R. ... More


The Movement

Stephanie Elizondo Griest

in All the Agents and Saints: Dispatches from the U.S. Borderlands

Published in print:
2017
Published Online:
January 2018
ISBN:
9781469631592
eISBN:
9781469631615
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469631592.003.0017
Subject:
History, American History: 20th Century

At the end of 2012, the biggest indigenous rights movements in Canada’s history erupted. Known as Idle No More, it was triggered by legislation to eliminate key protections for water, fish, ... More


View: