Aboriginal Law Handbook

Aboriginal Law Handbook
Author: Shin Imai
Publisher: Scarborough, Ont. : Carswell
Total Pages: 329
Release: 1993
Genre: Autochtones - Canada - Droit - Ouvrages de vulgarisation
ISBN: 9780459557775

Aboriginal Law

Aboriginal Law
Author: Thomas Isaac
Publisher:
Total Pages: 481
Release: 2016
Genre: Eskimos
ISBN: 9780779872527

Aboriginal Women, Law and Critical Race Theory

Aboriginal Women, Law and Critical Race Theory
Author: Nicole Watson
Publisher: Springer Nature
Total Pages: 108
Release: 2021-12-10
Genre: Social Science
ISBN: 3030873277

This book explores storytelling as an innovative means of improving understanding of Indigenous people and their histories and struggles including with the law. It uses the Critical Race Theory (‘CRT’) tool of ‘outsider’ or ‘counter’ storytelling to illuminate the practices that have been used by generations of Aboriginal women to create an outlaw culture and to resist their invisibility to law. Legal scholars are yet to use storytelling to bring the experiential knowledge of Aboriginal women to the centre of legal scholarship and yet this book demonstrates how this can be done by way of a new methodology that combines elements of CRT with speculative biography. In one chapter, the author tells the imagined story of Eliza Woree who featured prominently in the backdrop to the decision of the Supreme Court of Queensland in Dempsey v Rigg (1914) but whose voice was erased from the judgements. This accessible book adds a new and innovative dimension to the use of CRT to examine the nexus between race and settler colonialism. It speaks to those interested in Indigenous peoples and the law, Indigenous studies, Indigenous policy, Aboriginal and Torres Strait Islander history, feminist studies, race and the law, and cultural studies.

Aboriginal Peoples, Colonialism and International Law

Aboriginal Peoples, Colonialism and International Law
Author: Irene Watson
Publisher: Routledge
Total Pages: 204
Release: 2014-10-17
Genre: History
ISBN: 1317938372

This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.

Aboriginal Peoples and the Law

Aboriginal Peoples and the Law
Author: Jim Reynolds
Publisher: Purich Books
Total Pages: 297
Release: 2018-05-15
Genre: Law
ISBN: 0774880236

Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.

Law's Indigenous Ethics

Law's Indigenous Ethics
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.

Indigenous Legal Traditions

Indigenous Legal Traditions
Author: Law Commission of Canada
Publisher: UBC Press
Total Pages: 189
Release: 2008
Genre: Law
ISBN: 0774855770

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.