Can Canada claim to be a just society for Indigenous peoples? To
answer the 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, and Indigenous law.
He also discusses key international developments such as the United
Nations Declaration on the Rights of Indigenous Peoples. He concludes
by considering major questions that need to be resolved, including
balancing Aboriginal and non-Aboriginal rights and interests and the
benefits and drawbacks of using either litigation or negotiation to
resolve Indigenous issues. This critical analysis of the current state
of the law makes the case that rather than leaving the judiciary to
sort out essentially political issues, Canadian politicians need to
take responsibility for this crucial aspect of building a just
society.
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A Critical Introduction
Produktdetaljer
ISBN
9780774880237
Publisert
2020
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter