Beyond The Indian Act
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Author | : Tom Flanagan |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 317 |
Release | : 2010-02-08 |
Genre | : Social Science |
ISBN | : 0773581847 |
The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.
Author | : Pamela D. Palmater |
Publisher | : UBC Press |
Total Pages | : 281 |
Release | : 2011-05-13 |
Genre | : Law |
ISBN | : 1895830710 |
The current Status criteria of the Indian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Indigenous identity, Aboriginal rights, and the Canadian Charter of Rights and Freedoms. Palmater also examines band membership codes to determine if their reliance on status criteria perpetuates discrimination. She offers changes for determining Indigenous identity and citizenship and argues that First Nations must determine citizenship themselves.
Author | : Tom Flanagan |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 241 |
Release | : 2010 |
Genre | : Social Science |
ISBN | : 0773581839 |
Answers the question: Should Canada's First Nations have full ownership of reservation lands?
Author | : Kimberly Johnston-Dodds |
Publisher | : California Research Bureau |
Total Pages | : 60 |
Release | : 2002 |
Genre | : Law |
ISBN | : |
Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.
Author | : Tom Flanagan |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 300 |
Release | : 2008-09-12 |
Genre | : Social Science |
ISBN | : 0773577556 |
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.
Author | : Patty Krawec |
Publisher | : Broadleaf Books |
Total Pages | : 225 |
Release | : 2022-09-27 |
Genre | : History |
ISBN | : 1506478263 |
We find our way forward by going back. The invented history of the Western world is crumbling fast, Anishinaabe writer Patty Krawec says, but we can still honor the bonds between us. Settlers dominated and divided, but Indigenous peoples won't just send them all "home." Weaving her own story with the story of her ancestors and with the broader themes of creation, replacement, and disappearance, Krawec helps readers see settler colonialism through the eyes of an Indigenous writer. Settler colonialism tried to force us into one particular way of living, but the old ways of kinship can help us imagine a different future. Krawec asks, What would it look like to remember that we are all related? How might we become better relatives to the land, to one another, and to Indigenous movements for solidarity? Braiding together historical, scientific, and cultural analysis, Indigenous ways of knowing, and the vivid threads of communal memory, Krawec crafts a stunning, forceful call to "unforget" our history. This remarkable sojourn through Native and settler history, myth, identity, and spirituality helps us retrace our steps and pick up what was lost along the way: chances to honor rather than violate treaties, to see the land as a relative rather than a resource, and to unravel the history we have been taught.
Author | : Bob Joseph |
Publisher | : Indigenous Relations Press |
Total Pages | : 160 |
Release | : 2018-04-10 |
Genre | : |
ISBN | : 9780995266520 |
Based on a viral article, 21 Things You May Not Know About the Indian Act is the essential guide to understanding the legal document and its repercussion on generations of Indigenous Peoples, written by a leading cultural sensitivity trainer.Since its creation in 1876, the Indian Act has shaped, controlled, and constrained the lives and opportunities of Indigenous Peoples, and is at the root of many enduring stereotypes. Bob Joseph's book comes at a key time in the reconciliation process, when awareness from both Indigenous and non-Indigenous communities is at a crescendo. Joseph explains how Indigenous Peoples can step out from under the Indian Act and return to self-government, self-determination, and self-reliance--and why doing so would result in a better country for every Canadian. He dissects the complex issues around truth and reconciliation, and clearly demonstrates why learning about the Indian Act's cruel, enduring legacy is essential for the country to move toward true reconciliation.
Author | : Martin J. Cannon |
Publisher | : UBC Press |
Total Pages | : 191 |
Release | : 2019-09-15 |
Genre | : Social Science |
ISBN | : 0774860987 |
Canada’s Indian Act is infamously sexist. Through many iterations of the legislation a woman’s status rights flowed from her husband, and even once it was amended to reinstate rights lost through marriage or widowhood, First Nations women could not necessarily pass status on to their descendants. That injustice has rightly been subject to much scrutiny, but what has it meant for First Nations men? Martin J. Cannon challenges the decades-long assumption of case law and politics that the act has affected Indigenous people as either “women” or “Indians” – but not both. He argues that sexism and racialization within the law must instead be understood as interlocking forms of discrimination that have also undercut the identities of Indigenous men through their female forebears. By restorying historically patriarchal legislation and Indigenous masculinity, Men, Masculinity, and the Indian Act makes a significant contribution to a transformative discussion of Indigenous nationhood, citizenship, and reconciliation.
Author | : Jody Wilson-Raybould |
Publisher | : Purich Books |
Total Pages | : 253 |
Release | : 2019-09-20 |
Genre | : Social Science |
ISBN | : 0774880554 |
An Indigenous leader who has dedicated her life to Indigenous Rights, Jody Wilson-Raybould has represented both First Nations and the Crown at the highest levels. And she is not afraid to give Canadians what they need most – straight talk on what has to be done to collectively move beyond our colonial legacy and achieve true reconciliation in Canada. In this powerful book, drawn from speeches and other writings, she urges all Canadians – both Indigenous and non-Indigenous – to build upon the momentum already gained in the reconciliation process or risk hard-won progress being lost. The good news is that Indigenous Nations already have the solutions. But now is the time to act and build a shared postcolonial future based on the foundations of trust, cooperation, recognition, and good governance. Frank and impassioned, From Where I Stand charts a course forward – one that will not only empower Indigenous Peoples but strengthen the well-being of Canada and all Canadians.
Author | : Justin B. Richland |
Publisher | : University of Chicago Press |
Total Pages | : 245 |
Release | : 2021-09-06 |
Genre | : Law |
ISBN | : 022660876X |
"Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to -nation interdependency, while federal agents appear to approach these consultations with the assumption that federal l aw is supreme and ultimately authoritative"--