Home & Native Land: Aboriginal Rights & the Canadian Constitution

Asch, Michael

Constitutional Law

Nelson Canada

Section 35 of the Constitution Act expressly acknowledges, for the first time, that there are "aboriginal people" and "aboriginal rights." What, then, are the implications for Canada of the inclusion of this section in our constitution? Central to this question is the definition of aboriginal rights and whether they include such "special" political rights as self-determination. Home and Native Land is divided into two major sections. The first focuses on definitions and provides a detailed account of the meaning of the phrase "aboriginal rights" as used by the two main actors: the government and the aboriginal peoples. The second is devoted to the question of political rights and the means by which this issue can be resolved.

Home and Native Land: Aboriginal Rights and the Canadian Constitution

Politics & Social Sciences

Politics & Government

Univ of British Columbia Pr

Section 35 of the Constitution Act expressly acknowledges, for the first time, that there are "aboriginal people" and "aboriginal rights." What, then, are the implications for Canada of the inclusion of this section in our constitution? Central to this question is the definition of aboriginal rights and whether they include such "special" political rights as self-determination. Home and Native Land is divided into two major sections. The first focuses on definitions and provides a detailed account of the meaning of the phrase "aboriginal rights" as used by the two main actors: the government and the aboriginal peoples. The second is devoted to the question of political rights and the means by which this issue can be resolved.

Social Sciences

UBC Press

In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. What results is a systematic bias in the legal system that places Indigenous peoples at a distinct disadvantage.
The eight essays inAboriginal and Treaty Rights in Canadafocus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation. The collection also includes an essay that, by means of ethnographic and historical data, raises concerns respecting how the law might be distorted even further if we are not careful in assuring that what is defined as Indigenous today is detached from its own traditions and divorced from contemporary issues.
In sum,Aboriginal and Treaty Rights in Canadashows that changes in the way in which these rights are conceptualized and interpreted are urgently needed. This book then offers concrete proposals regarding substantive, processual, and conceptual matters that together provide the means to put change into practice.

Aboriginal and Treaty Rights in Canada: Essays on Law, Equality and Respect for Difference

History

Americas

What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation.
Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers.
Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.

On Being Here to Stay: Treaties and Aboriginal Rights in Canada

University of Toronto Press

What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation.Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers.Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.

University of Toronto Press, Scholarly Publishing Division

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Books by Asch, Michael

See the best price to sell, buy, or rent books by Asch, Michael. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Home & Native Land: Aboriginal Rights & the Canadian Constitution

Home and Native Land: Aboriginal Rights and the Canadian Constitution

Home and Native Land: Aboriginal Rights and the Canadian Constitution

Aboriginal and Treaty Rights in Canada: Essays on Law, Equality and Respect for Difference

On Being Here to Stay: Treaties and Aboriginal Rights in Canada

On Being Here to Stay: Treaties and Aboriginal Rights in Canada