In 1888, the Judicial Committee of the Privy Council in London ruled
in St. Catherine’s Milling and Lumber Company v. The Queen, a case
involving the Saulteaux people’s land rights in Ontario. This
precedent-setting case would define the legal contours of Aboriginal
title in Canada for almost a hundred years, despite the racist
assumptions about Indigenous peoples at the heart of the case. In
Flawed Precedent, preeminent legal scholar Kent McNeil thoroughly
investigates this contentious case. He begins by delving into the
historical and ideological context of the 1880s. He then examines the
trial in detail, demonstrating how prejudicial attitudes towards
Indigenous peoples and their use of the land influenced the decision.
He also discusses the effects that St. Catherine’s had on Canadian
law and policy until the 1970s when its authority was finally
questioned by the Supreme Court in Calder, then in Delgamuukw,
Marshall/Bernard, Tsilhqot’in, and other key rulings. McNeil has
written a compelling and illuminating account of a landmark case that
influenced law and policy on Indigenous land rights for almost a
century. He also provides an informative analysis of the current
judicial understanding of Aboriginal title in Canada, now driven by
evidence of Indigenous law and land use rather than by the discarded
prejudicial assumptions of a bygone era.
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The St. Catherine’s Case and Aboriginal Title
Produktdetaljer
ISBN
9780774861076
Publisert
2021
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter