Key Developments In Aboriginal Law 2019
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| Author | : Nathalie Kermoal |
| Publisher | : Univ. of Manitoba Press |
| Total Pages | : 336 |
| Release | : 2021-04-23 |
| Genre | : Law |
| ISBN | : 088755931X |
In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were “Indians” under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are “owed.” Attention to Daniels v. Canada’s variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding “law” beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.
| Author | : Holly Doel-Mackaway |
| Publisher | : Routledge |
| Total Pages | : 252 |
| Release | : 2021-09-28 |
| Genre | : Law |
| ISBN | : 1351342630 |
This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also in other jurisdictions. The model provides guidance about how to seek, listen to and respond to the voices of Indigenous children and young people. The participation of Indigenous children and young people, when carried out in a culturally and age-appropriate way and based on free, prior and informed consent, is an invaluable resource capable of empowering children and young people and informing Indigenous related legislation and policy. This project contributes to the emerging field of robust, ethically sound, participatory research with Indigenous children and young people and proposes ways in which Australian and international legislators and policymakers can implement the principle of children’s participation by involving Aboriginal children and young people in the development of law and policy pertaining to their lives. This book provides accounts from Aboriginal children and young people detailing their views on how they can be involved in law and policy development in the future. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, legislators, and students in the fields of human rights law, children’s rights, participation rights, Indigenous peoples’ law, and family, child and social welfare law.
| Author | : Elizabeth Jane Macpherson |
| Publisher | : Cambridge University Press |
| Total Pages | : 313 |
| Release | : 2019-08-08 |
| Genre | : History |
| ISBN | : 1108473067 |
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
| Author | : P. G. McHugh |
| Publisher | : OUP Oxford |
| Total Pages | : 1529 |
| Release | : 2011-08-18 |
| Genre | : Law |
| ISBN | : 0191018546 |
Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
| Author | : John Borrows |
| Publisher | : University of Toronto Press |
| Total Pages | : 390 |
| Release | : 2019-05-06 |
| Genre | : Law |
| ISBN | : 148753115X |
Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 236 |
| Release | : 2020-12-14 |
| Genre | : |
| ISBN | : 9264483071 |
Indigenous Australians play an important role in the development of regional economies. Compared to the non-Indigenous population, Indigenous peoples are more likely to be located in predominantly rural regions. However, significant gaps in socio-economic outcomes with non-Indigenous Australians remain and these gaps are larger in rural regions. The report provides three key recommendations to improve economic outcomes for Indigenous Australians.
| Author | : Miguel Sioui |
| Publisher | : Elsevier |
| Total Pages | : 354 |
| Release | : 2022-05-19 |
| Genre | : Science |
| ISBN | : 0128245395 |
Indigenous Water and Drought Management in a Changing World presents a series of global case studies that examine how different Indigenous groups are dealing with various water management challenges and finding creative and culturally specific ways of developing solutions to these challenges. With contributions from Indigenous and non-Indigenous academics, scientists, and water management experts, this volume provides an overview of key water management challenges specific to Indigenous peoples, proposes possible policy solutions both at the international and national levels, and outlines culturally relevant tools for assessing vulnerability and building capacity. In recent decades, global climate change (particularly drought) has brought about additional water management challenges, especially in drought-prone regions where increasing average temperatures and diminishing precipitation are leading to water crises. Because their livelihoods are often dependent on the land and water, Indigenous groups native to those regions have direct insights into the localized impacts of global environmental change, and are increasingly developing their own adaptation and mitigation strategies and solutions based on local Indigenous knowledge (IK). Many Indigenous groups around the globe are also faced with mounting pressure from extractive industries like mining and forestry, which further threaten their water resources. The various cases presented in Indigenous Water and Drought Management in a Changing World provide much-needed insights into the particular issues faced by Indigenous peoples in preserving their water resources, as well as actionable information that can inform future scientific research and policymaking aimed at developing more integrated, region-specific, and culturally relevant solutions to these critical challenges. - Includes diverse case studies from around the world - Provides cutting-edge perspectives about Indigenous peoples' water management issues and IK-based solutions - Presents maps for most case studies along with a summary box to conclude each chapter
| Author | : William Nikolakis |
| Publisher | : University of Arizona Press |
| Total Pages | : 353 |
| Release | : 2019-10-22 |
| Genre | : Social Science |
| ISBN | : 0816540543 |
Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.
| Author | : James C. Spee |
| Publisher | : Emerald Group Publishing |
| Total Pages | : 183 |
| Release | : 2021-03-01 |
| Genre | : Business & Economics |
| ISBN | : 1789733677 |
In a climate of in-migration, clan and tribal communities have been forced to build sustainable solutions together. Breaking fresh ground by shining a light on sustainability journeys from outside the global mainstream, this book demonstrates how sustainable development occurs in respectful collaboration between equals.
| Author | : Sheryl Lightfoot |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 425 |
| Release | : 2024-02-12 |
| Genre | : Social Science |
| ISBN | : 1800377010 |
This ground-breaking Handbook explores the key legal, political and policy questions concerning the implementation of Indigenous rights across the world. Expert contributors analyse the complex dynamics of contestation, engagement, advocacy and refusal between governments and Indigenous Peoples, presenting a profound challenge to mainstream policy scholarship.
