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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.
In 1888, the Judicial Committee of the Privy Council 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 provides a compelling account of 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 influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. 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.
Delgamuukw. Sixties Scoop. Bill C-31. Blood quantum. Appropriation. Two-Spirit. Tsilhqot’in. Status. TRC. RCAP. FNPOA. Pass and permit. Numbered Treaties. Terra nullius. The Great Peace… Are you familiar with the terms listed above? In Indigenous Writes, Chelsea Vowel, legal scholar, teacher, and intellectual, opens an important dialogue about these (and more) concepts and the wider social beliefs associated with the relationship between Indigenous peoples and Canada. In 31 essays, Chelsea explores the Indigenous experience from the time of contact to the present, through five categories—Terminology of Relationships; Culture and Identity; Myth-Busting; State Violence; and Land, Learning, Law, and Treaties. She answers the questions that many people have on these topics to spark further conversations at home, in the classroom, and in the larger community. Indigenous Writes is one title in The Debwe Series.
John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.
Compiled by two skilled librarians and a Taiwanese film and culture specialist, this volume is the first multilingual and most comprehensive bibliography of Taiwanese film scholarship, designed to satisfy the broad interests of the modern researcher. The second book in a remarkable three-volume research project, An Annotated Bibliography for Taiwan Film Studies catalogues the published and unpublished monographs, theses, manuscripts, and conference proceedings of Taiwanese film scholars from the 1950s to 2013. Paired with An Annotated Bibliography for Chinese Film Studies (2004), which accounts for texts dating back to the 1920s, this series brings together like no other reference the disparate voices of Chinese film scholarship, charting its unique intellectual arc. Organized intuitively, the volume begins with reference materials (bibliographies, cinematographies, directories, indexes, dictionaries, and handbooks) and then moves through film history (the colonial period, Taiwan dialect film, new Taiwan cinema, the 2/28 incident); film genres (animated, anticommunist, documentary, ethnographic, martial arts, teen); film reviews; film theory and technique; interdisciplinary studies (Taiwan and mainland China, Taiwan and Japan, film and aboriginal peoples, film and literature, film and nationality); biographical materials; film stories, screenplays, and scripts; film technology; and miscellaneous aspects of Taiwanese film scholarship (artifacts, acts of censorship, copyright law, distribution channels, film festivals, and industry practice). Works written in multiple languages include transliteration/romanized and original script entries, which follow universal AACR-2 and American cataloguing standards, and professional notations by the editors to aid in the use of sources.
As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines