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Distributed for University of British Columbia Press

Aboriginal and Treaty Rights in Canada

In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.

300 pages

Table of Contents

Introduction / Michael Asch

1 Culture and Anarchy in Indian Country / J. Edward Chamberlin

2 Challenging Assumptions: The Impact of Precedent in Aboriginal Rights Litigation / Catherine Bell and Michael Asch

3 Re-Examining Culturally Appropriate Models / Emma LaRoque

4 The Impact of Treaty 9 on Natural Resource Development in Northern Ontario / Patrick Macklem

5 The Meaning of Aboriginal Title / Kent McNeil

6 Wampum at Niagara: Canadian Legal History, Self-Government, and the Royal Proclamation / John Borrows

7 Understanding Treaty 6: An Indigenous Perspective / Sharon Venne

8 Affirming Aboriginal Title: A New Basis for Comprehensive Claims Negotiations / Michael Asch and Norman Zlotkin




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