Justice for natives : searching for common ground / edited by Andrea P. Morrison with Irwin Cotler.

Format:

Book

Contributor:

Morrison, Andrea P., 1961-

Cotler, I. (Irwin), 1940-

Language:

English

Subjects (All):

Indians of North America--Canada--Government relations.

Indians of North America.

Indians of North America--Legal status, laws, etc--Canada.

Indians of North America--Civil rights--Canada.

Constitutional law--Canada.

Constitutional law.

Canada. Canadian Charter of Rights and Freedoms.

Canada.

Physical Description:

1 online resource (354 p.)

Edition:

1st ed.

Place of Publication:

Montreal ; Buffalo : Published for InterAmicus, McGill University, Faculty of Law by McGill-Queen's University Press, c1997.

Language Note:

English

Summary:

The collection follows a cycle of remembering the past, learning from the present, and planning for the future. In the first section of the book, "Conflict, Self-Determination, and Native Peoples," contributors, including Mohawk activist Ken Deer, Judge Rejean Paul, and scholar Brian Slattery, look at the historical roots of the conflict between Native and non-Native people, problems in the current justice system, and the movement for Native self-determination. In the second section, "Lessons from Oka," Native leaders Elijah Harper, Matthew Coon-Come, and Diom Romeo Saganash respond to the crisis at Oka and scholars Bruce Clark and Robert Venables consider constitutional alternatives and compare Canadian policy with that in the United States. Looking into the future, the final section, "Justice for Natives?" offers practical alternatives for improving relations, reviews actual measures being taken, and proposes models for change. Some of the solutions raised include increased recognition of Crown fiduciary duties to Native people, co-management strategies for land use, and an independent Native judiciary as envisioned by scholar Leroy Little Bear of Saskatchewan. Justice for Natives makes an important contribution to Native, legal, and policy studies in Canada.

Contents:

""Canadian Policies for Native Self-Government""""An Assessment of the Federal Self-Government Policy""; ""Question Period""; ""Closing Thanksgiving""; ""1991 LESSONS FROM OKA: FORGING A BETTER RELATIONSHIP""; ""Opening Thanksgiving""; ""PANEL ONE: The Path to Crisis: Origins of Conflict""; ""Bringing the Constitution Home""; ""Constitutional Alternatives: In Defence of the Imperial Model""; ""The Legal Origins and Development of Aboriginal and Treaty Rights""; ""Indian Policy in the United States""; ""Question Period""; ""PANEL TWO: The Current Picture: Progress or Impasse?""

""Sovereignty and the Natural World Economy""""Different Laws for Different People""; ""A Practical Assessment of Litigation for Native Peoples""; ""The Inherent Right to Self-Government""; ""Question Period""; ""PANEL THREE: Ways Forward: The Search for Just Solutions""; ""Notes on Sovereignty""; ""Systemic Approaches to a Changing World""; ""James Bay II: A Call to Action""; ""Question Period""; ""KEYNOTE SPEAKER""; ""A Time to Say No""; ""Closing Thanksgiving""; ""1992 JUSTICE FOR NATIVES?""; ""PANEL ONE: Barriers to Justice""; ""The Judiciary as Anthropologists""; ""The Oka Trial""

""Question Period""""PANEL TWO: Legal Issues: Continuing Relations""; ""Crown Fiduciary Duties under the Indian Act""; ""Towards a New Relationship between First Nations and Ontario""; ""Question Period""; ""PANEL THREE: Models for Change""; ""Co-Management: Sharing the Land""; ""A Cree System of Justice: Implementing Change in the Justice System""; ""An Independent Native Judiciary""; ""Question Period""; ""EPILOGUE""; ""Draft United Nations Declaration on the Rights of Indigenous Peoples""; ""Bibliography""

Notes:

Includes some text in French.

Includes bibliography.

ISBN:

1-282-85460-7

9786612854606

0-7735-6670-8