A Treaty With The Aborigines
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Author | : Peter Read |
Publisher | : ANU E Press |
Total Pages | : 252 |
Release | : 2006-12-01 |
Genre | : Social Science |
ISBN | : 1920942912 |
"What Good Condition? collects edited papers, initially delivered at the Treaty Advancing Reconciliation conference, on the proposal for a treaty between Aboriginal and non-Aboriginal Australians, a proposal which has been discussed and dissected for nearly 30 years. Featuring contributions from prominent Aboriginal community leaders, legal experts and academics, this capacious work provides an overview of the context and legacy of the residue of treaty proposals and negotiations in past decades; a consideration of the implications of treaty in an Indigenous, national and international context; and, finally, some reflections on regional aspirations and achievements."--Publisher's description.
Author | : Michael Mansell |
Publisher | : |
Total Pages | : 301 |
Release | : 2016 |
Genre | : Aboriginal Australians |
ISBN | : 9781760020835 |
If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty?Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated Māori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia.The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia.This new idea of a seventh State - or First State for the First peoples, as the author prefers - is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or 'nation' would have under statehood.This is a book that answers our query about what reconciliation ultimately means and how it can be achieved."His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians." - Geoffrey Robertson QC, from the ForewordIn the media...An Indigenous seventh state: a radical idea from a constitutional conservative, Stan Grant, ABC News, 3 Jun 2017 Read article...New book examines 'justice', Jillian Mundy, The Koori Mail, 25 January 2017 Read article...Aboriginal lawyer and activist Michael Mansell has written a new book, Holly Monery, The Examiner, 28 December 2016 Read article...Mansell draws new boundaries for Aboriginal state, Wendy Caccetta, National Indigenous Times, 21 December 2016 Read article...Treaty's benefits, Opinion Letter by Michael Mansell, The Australian, 19 December 2016 Read letter...Indigenous spending to double, warns Michael Mansell, Stephen Fitzpatrick, The Australian, 16 December 2016 Read article...Michael Mansell on Sky News, The Bolt Report with Andrew Bolt, 15 December 2016 Listen to interview...Australia should create seventh state run by Indigenous people, lawyer Michael Mansell says, Dan Conifer, ABC News, 14 December 2016 Read article...
Author | : James Rodger Miller |
Publisher | : University of Toronto Press |
Total Pages | : 401 |
Release | : 2009-01-01 |
Genre | : History |
ISBN | : 0802097413 |
"Compact, Contract, Covenant" is renowned historian of Native-newcomer relations J.R. Miller's exploration and explanation of more than four centuries of treating-making.
Author | : Robert Mainville |
Publisher | : UBC Press |
Total Pages | : 187 |
Release | : 2001-04-01 |
Genre | : Law |
ISBN | : 1895830532 |
A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.
Author | : John Borrows |
Publisher | : University of Toronto Press |
Total Pages | : 439 |
Release | : 2017-01-01 |
Genre | : History |
ISBN | : 1442630213 |
In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.
Author | : Marcia Langton |
Publisher | : Academic Monographs |
Total Pages | : 370 |
Release | : 2004 |
Genre | : Political Science |
ISBN | : 0522851061 |
This important collection emerges from the growing academic and public policy interest in the area of Indigenous peoples, treaties and agreements andndash; challenging readers to engage with the idea of treaty and agreement making in changing political and legal landscapes. Honour Among Nations? contains contributions from both Indigenous and non-Indigenous authors from Australia, New Zealand and North America including Marcia Langton, Gillian Triggs, Joe Williams, Paul Chartrand and Noel Pearson. It features a preface by Sir Anthony Mason. This book covers topics as diverse as treaty and agreement making in Australia, New Zealand and British Columbia; land, the law, political rights and Indigenous peoples; maritime agreements; health; governance and jurisdiction; race discrimination in Australia; the Timor Sea Treaty; copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors. Honour Among Nations? makes a significant contribution to international debates on Indigenous peoples' rights, treaties and agreement making.
Author | : Williams George |
Publisher | : |
Total Pages | : |
Release | : 2020-06-19 |
Genre | : |
ISBN | : 9781760022396 |
Author | : Greg Poelzer |
Publisher | : UBC Press |
Total Pages | : 367 |
Release | : 2015-07-28 |
Genre | : Social Science |
ISBN | : 0774827564 |
Canada is a country founded on relationships and agreements between Indigenous peoples and newcomers. Although recent court cases have upheld Aboriginal title rights, the cooperative spirit of the treaties is being lost as Canadians engage in endless arguments about First Nations “issues.” Each new court decision adds fuel to the debate raging between those who want to see an end to special Aboriginal rights and those who demand a return to Aboriginal sovereignty. Greg Poelzer and Ken Coates breathe new life into these debates by looking at approaches that have failed and succeeded in the past and offering all Canadians – from policy makers to concerned citizens – realistic steps forward. Rather than getting bogged down in debates on Aboriginal rights, they highlight Aboriginal success stories and redirect the conversation to a place of common ground. Upholding equality of economic opportunity as a guiding principle, they argue that the road ahead is clear: if all Canadians take up their responsibilities as treaty peoples, Canada will become a leader among treaty nations.
Author | : Aimée Craft |
Publisher | : UBC Press |
Total Pages | : 161 |
Release | : 2013-03-13 |
Genre | : Law |
ISBN | : 1895830664 |
In order to interpret and implement a treaty between the Crown and Canada’s First Nations, we must look to its spirit and intent, and consider what was contemplated by the parties at the time the treaty was negotiated, argues Aimée Craft. Using a detailed analysis of Treaty One – today covering what is southern Manitoba – she illustrates how negotiations were defined by Anishinabe laws (inaakonigewin), which included the relationship to the land, the attendance of all jurisdictions’ participants, and the rooting of the treaty relationship in kinship. While the focus of this book is on Treaty One, Anishinabe laws (inaakonigewin) defined the settler-Anishinabe relationship well before this, and the principles of interpretation apply equally to all treaties with First Nations.
Author | : Dr. Ken Baker |
Publisher | : |
Total Pages | : 50 |
Release | : 1988 |
Genre | : Aboriginal Australians |
ISBN | : 9780909536121 |