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The Honour and Dishonour of the Crown

Author: Jamie D. Dickson

Publisher: Purich Publishing

Published: 2019-01-31

Total Pages: 160

ISBN-13: 0774880449

In Canada, the fundamentals of law relating to Aboriginal peoples are unclear and Indigenous communities lack appropriate guidance in terms of efficiently accessing the legal system to address breaches of their rights. This is yet another injustice endured by Aboriginal peoples in Canada. However, the Supreme Court of Canada has begun to place greater emphasis on the honour-of-the-Crown principle and less on the paternalistic, complex notion that governments owe a fiduciary duty to Aboriginal peoples. Dickson explores both theoretical and practical implications of this fundamental shift and possible future outcomes.

Aboriginal Peoples and the Law

Author: Jim Reynolds

Publisher: Purich Books

Published: 2018-05-15

Total Pages: 296

ISBN-13: 0774880236

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The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship 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. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.

A First Nations Voice in the Australian Constitution

Author: Shireen Morris

Publisher: Bloomsbury Publishing

Published: 2020-08-06

Total Pages: 256

ISBN-13: 1509928944

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This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.

The Oxford Handbook of the Canadian Constitution

Author: Peter Oliver

Publisher: Oxford University Press

Published: 2017-08-10

Total Pages: 1088

ISBN-13: 0190664827

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The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Manitoba Law Journal: A Review of the Current Legal Landscape 2013 Volume 37(1)

Author: Darcy L. MacPherson, et al.

Publisher: Manitoba Law Journal

Published:

Total Pages: 532

ISBN-13:

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The Manitoba Law Journal is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. This issue has articles from a variety of contributing authors including: Amar Khoday, Ami Kotler, Brandon Trask, Bruce MacFarlane, Bryan P. Schwartz, Dale McFadzean, Darcy L. MacPherson, Delloyd J. Guth, Donn Short, Douglas D. Ferguson, Edward D. Brown, Eveline Milliken, Gord Mackintosh, Janelle Anderson, Jeffrey Oliphant, John Burchill, John Pozios, Lee Stuesser, M. Lynne Jenkins, Martha E. Simmons, Miranda Grayson, Philip Girard, Richard J. Chartier, Richard Wolson, Romeo Dallaire, Sacha R. Paul, Sarah Buhler, Susan Noakes, and Trevor C. W. Farrow.