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BOOK EXCERPT:
At a conference sponsored by the University of Saskatchewan College of Law, over 50 Aboriginal leaders, government officials and scholars explored how the three orders of government - federal, provincial, and Aboriginal - can work together so Aboriginal Peoples can achieve justice through self-government. This book is a compilation of the presentations made at the conference.
Product Details :
Genre |
: Law |
Author |
: University of Saskatchewan. College of Law |
Publisher |
: Purich Publishing |
Release |
: 1994 |
File |
: 476 Pages |
ISBN-13 |
: STANFORD:36105062055004 |
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BOOK EXCERPT:
Canada is often called a pluralist state, but few commentators view Aboriginal self-government from the perspective of political pluralism. Instead, Aboriginal identity is framed in terms of cultural and national traits, while self-government is taken to represent an Aboriginal desire to protect those traits. Shifting Boundaries challenges this view, arguing that it fosters a woefully incomplete understanding of the politics of self-government. Taking the position that a relational theory of pluralism offers a more accurate interpretation, Tim Schouls contends that self-government is better understood when an “identification” perspective on Aboriginal identity is adopted instead of a “cultural” or “national” one. He shows that self-government is not about preserving cultural and national differences as goods in and of themselves, but rather is about equalizing current imbalances in power to allow Aboriginal peoples to construct their own identities. In focusing on relational pluralism, Shifting Boundaries adds an important perspective to existing theoretical approaches to Aboriginal self-government. It will appeal to academics, students, and policy analysts interested in Aboriginal governance, cultural studies, political theory, nationalism studies, and constitutional theory.
Product Details :
Genre |
: Political Science |
Author |
: Tim Schouls |
Publisher |
: UBC Press |
Release |
: 2011-11-01 |
File |
: 242 Pages |
ISBN-13 |
: 9780774840439 |
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BOOK EXCERPT:
This book is based on papers originally presented at the 6th International Conference on Restorative Justice in Vancouver. It is concerned with several new areas of practice within restorative justice, with sections on restorative justice and youth, aboriginal justice and restorative justice, victimization and restorative justice, and evaluating restorative justice.
Product Details :
Genre |
: Law |
Author |
: Elizabeth Elliott |
Publisher |
: Routledge |
Release |
: 2013-06-17 |
File |
: 335 Pages |
ISBN-13 |
: 9781134018277 |
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BOOK EXCERPT:
Power Struggles: Hydro Development and First Nations in Manitoba and Quebec examines the evolution of new agreements between First Nations and Inuit and the hydro corporations in Quebec and Manitoba, including the Wuskwatim Dam Project, Paix des Braves, and the Great Whale Project. In the 1970s, both provinces signed so-called “modern treaties” with First Nations for the development of large hydro projects in Aboriginal territories. In recent times, however, the two provinces have diverged in their implementation, and public opinion of these agreements has ranged from celebratory to outrage.Power Struggles brings together perspectives on these issues from both scholars and activists. In debating the relative merits and limits of these agreements, they raise a crucial question: Is Canada on the eve of a new relationship with First Nations, or do the same colonial attitudes that have long characterized Canadian-Aboriginal relations still prevail?
Product Details :
Genre |
: Social Science |
Author |
: Thibault Martin |
Publisher |
: Univ. of Manitoba Press |
Release |
: 2008-05-15 |
File |
: 407 Pages |
ISBN-13 |
: 9780887559877 |
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BOOK EXCERPT:
Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.
Product Details :
Genre |
: Law |
Author |
: John Borrows |
Publisher |
: University of Toronto Press |
Release |
: 2017-06-22 |
File |
: 477 Pages |
ISBN-13 |
: 9781487516758 |
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BOOK EXCERPT:
Blockades have become a common response to Canada's failure to address and resolve the legitimate claims of First Nations. Blockades or Breakthroughs? debates the importance and effectiveness of blockades and occupations as political and diplomatic tools for Aboriginal people. The adoption of direct action tactics like blockades and occupations is predicated on the idea that something drastic is needed for Aboriginal groups to break an unfavourable status quo, overcome structural barriers, and achieve their goals. But are blockades actually "breakthroughs"? What are the objectives of Aboriginal people and communities who adopt this approach? How can the success of these methods be measured? This collection offers an in-depth survey of occupations, blockades, and their legacies, from 1968 to the present. Individual case studies situate specific blockades and conflicts in historical context, examine each group’s reasons for occupation, and analyze the media labels and frames applied to both Aboriginal and state responses. Direct action tactics remain a powerful political tool for First Nations in Canada. The authors of Blockades or Breakthroughs? Argue that blockades and occupations are instrumental, symbolic, and complex events that demand equally multifaceted responses. Contributors include Yale D. Belanger, Tom Flanagan, Sarah King, P. Whitney Lackenbauer, David Rossiter, John Sandlos, Nick Shrubsole, and Timothy Winegard.
Product Details :
Genre |
: Political Science |
Author |
: Yale D. Belanger |
Publisher |
: McGill-Queen's Press - MQUP |
Release |
: 2014-11-01 |
File |
: 489 Pages |
ISBN-13 |
: 9780773596139 |
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BOOK EXCERPT:
Canada's criminal justice system has had a troubled relationship with Aboriginal people. This discord can be seen in disproportionally high rates of incarceration and in the limited recognition given by the conventional system to the needs and values of Aboriginal communities. To compound matters, many remote communities are served by fly-in circuit courts, which visit the communities once a month, pronounce judgement on the cases presented to them, and then leave. Ross Green looks at the evolution of the Canadian criminal justice system and the values upon which it is based. He then contrasts those values with Aboriginal concepts of justice. Against this backdrop, he introduces sentencing and mediation alternatives currently being developed in Aboriginal communities, including sentencing circles, elder and community sentencing panels, sentence advisory committees, and community mediation projects. At the heart of the book are case studies of northern communities, which Green uses to analyse the successes of and challenges to the innovative approaches to sentencing currently evolving in Aboriginal communities across the country. He concludes with a discussion of the ways in which the Canadian criminal justice system can facilitate or obstruct such innovations. This book is based on the author's scholarly research; field trips to the communities profiled; interviews with judges, prosecutors, community leaders, and participants in sentencing circles, sentencing panels, and mediation committees; and the author's personal experiences as a defence lawyer in northeastern Saskatchewan. This book is aimed at those concerned with criminal justice as well as practicing lawyers.
Product Details :
Genre |
: Law |
Author |
: Ross Gordon Green |
Publisher |
: UBC Press |
Release |
: 1998-08-01 |
File |
: 188 Pages |
ISBN-13 |
: 9781895830545 |
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BOOK EXCERPT:
Over the last thirty years Canadian policy on aboriginal issues has come to be dominated by an ideology that sees aboriginal peoples as "nations" entitled to specific rights. Indians and Inuit now enjoy legal privileges that include the inherent right to self-government, collective property rights, immunity from taxation, hunting and fishing rights without legal limits, and free housing, education, and medical care. Underpinning these privileges is what Tom Flanagan describes as "aboriginal orthodoxy" - the belief that prior residence in North America is an entitlement to special treatment. Flanagan shows that this orthodoxy enriches a small elite of activists, politicians, administrators, and well-connected entrepreneurs, while bringing further misery to the very people it is supposed to help. Controversial and thought-provoking, First Nations? Second Thoughts dissects the prevailing ideology that determines public policy towards Canada's aboriginal peoples. Flanagan analyzes the developments of the last ten years, showing how a conflict of visions has led to a stalemate in aboriginal policy-making. He concludes that aboriginal success will be achieved not as the result of public policy changes in government but through the actions of the people themselves.
Product Details :
Genre |
: Social Science |
Author |
: Tom Flanagan |
Publisher |
: McGill-Queen's Press - MQUP |
Release |
: 2019-10-17 |
File |
: 303 Pages |
ISBN-13 |
: 9780773558540 |
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BOOK EXCERPT:
Over the last thirty years Canadian policy on aboriginal issues has come to be dominated by an ideology that sees aboriginal peoples as "nations" entitled to specific rights. Indians and Inuit now enjoy legal privileges that include the inherent right to self-government, collective property rights, immunity from taxation, hunting and fishing rights without legal limits, and free housing, education, and medical care. Underpinning these privileges is what Tom Flanagan describes as "aboriginal orthodoxy" - the belief that prior residence in North America is an entitlement to special treatment. Flanagan shows that this orthodoxy enriches a small elite of activists, politicians, administrators, and well-connected entrepreneurs, while bringing further misery to the very people it is supposed to help. Controversial and thought-provoking, First Nations? Second Thoughts dissects the prevailing ideology that determines public policy towards Canada's aboriginal peoples. In this updated edition, Flanagan analyzes the developments of the last ten years, showing how a conflict of visions has led to a stalemate in aboriginal policy-making. He concludes that aboriginal success will be achieved not as the result of public policy changes in government but through the actions of the people themselves.
Product Details :
Genre |
: History |
Author |
: Thomas Flanagan |
Publisher |
: McGill-Queen's Press - MQUP |
Release |
: 2008 |
File |
: 300 Pages |
ISBN-13 |
: 9780773534438 |
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BOOK EXCERPT:
During the past several decades, the Aboriginal population of Canada has become so urbanized that today, the majority of First Nations and Métis people live in cities. Home in the City provides an in-depth analysis of urban Aboriginal housing, living conditions, issues, and trends. Based on extensive research, including interviews with more than three thousand residents, it allows for the emergence of a new, contemporary, and more realistic portrait of Aboriginal people in Canada's urban centres. Home in the City focuses on Saskatoon, which has both one of the highest proportions of Aboriginal residents in the country and the highest percentage of Aboriginal people living below the poverty line. While the book details negative aspects of urban Aboriginal life (such as persistent poverty, health problems, and racism), it also highlights many positive developments: the emergence of an Aboriginal middle class, inner-city renewal, innovative collaboration with municipal and community organizations, and more. Alan B. Anderson and the volume's contributors provide an important resource for understanding contemporary Aboriginal life in Canada.
Product Details :
Genre |
: Social Science |
Author |
: Alan B. Anderson |
Publisher |
: University of Toronto Press |
Release |
: 2013-01-01 |
File |
: 473 Pages |
ISBN-13 |
: 9780802095916 |