Description
Book SynopsisCreating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics.
Trade Review"Ultimately, with thorough examinations of Canadian legal instruments affecting Indigenous land and property rights, and lessons from the transnational context, Creating Indigenous Property examines ways to facilitate the debate on Indigenous land rights, promoting respect for Indigenous peoples diverse views and laws and exploring their compatibilization with Western legal mechanisms and systems. It is a very valuable collection for advocates of Indigenous land rights, policymakers, and scholars, in Canada and elsewhere." -- Ayla do Vale Alves *
American Society of International Law *
"I would strongly recommend this collection as an important vehicle for developing a better understanding of how the ‘capitalist-exploitation logic’ informs our relationships with Indigenous Peoples in this country." -- F. Tim Knight, Osgoode Hall Law School, York University *
Canadian Law Library Review *
Table of ContentsPreface Karen Drake Introduction: The Role of Indigenous Law in the Privatization of Lands Angela Cameron, Sari Graben, and Val Napoleon Part 1: Indigenous Law in Practice 1. Housing on Reserve: Developing a Critical Indigenous Feminist Property Theory Val Napoleon and Emily Snyder 2. Market Citizenship and Indigeneity Shalene Jobin 3. The Principle of Sharing and the Shadow of Canadian Property Law Sarah Morales and Brian Thom Part II: Political Issues 4. Property Rights on Reserves: "New" Ideas from the Nineteenth Century Sarah Carter and Nathalie Kermoal 5. Conceptualizing Aboriginal Taxpayers, Real Property, and Communities of Sharing Richard Daly 6. Indigenous Land Rights and the Politics of Property Jamie Baxter Part III: Common Law’s Response 7. The New Law-Making Powers of First Nations over Family Homes on Indian Reserves Michel Morin 8. Aboriginal Title in Tsilhqot’in: Exploring the Public Power of Private Property at the Supreme Court of Canada Sari Graben and Christian Morey Part IV: Lessons from the Transnational Context 9. Land, Niger Delta Peoples, and Oil and Gas Decision-Making Ibironke T. Odumosu-Ayanu 10. Locating the Woman: A Note on Customary Law and the Utility of Real Property in the Kingdom of Eswatini (Formerly the Kingdom of Swaziland) Tenille E. Brown Contributors
