Description

Book Synopsis
This illuminating account of the St. Catherine's case of the 1880s reveals the erroneous assumptions and racism inherent in judgments that would define the nature and character of Aboriginal title in Canadian law and policy for almost a century.

Table of Contents

Introduction: Judicial Precedent and Indigenous Rights

1 The Political and Ideological Context of the 1880s

2 The Historical Context

3 The Factual Background, Cause of Action, and Evidence

4 Chancellor Boyd’s Trial Decision

5 The Ontario Court of Appeal Decision

6 The Supreme Court of Canada Judgments

7 Lord Watson’s Privy Council Decision

8 The Decision’s Impact and the Debate over Indigenous Land Rights in British Columbia

9 The Modern Case Law

Conclusion: A Lesson in Judicial Precedent

Notes; Bibliographic Essay; Index of Cases; Index

Flawed Precedent

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    A Hardback by Kent McNeil

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      Publisher: University of British Columbia Press
      Publication Date: 01/06/2019
      ISBN13: 9780774861052, 978-0774861052
      ISBN10: 0774861053
      Also in:
      Jurisprudence and general issues Indigenous peoples / Indigeneity

      Description

      Book Synopsis
      This illuminating account of the St. Catherine's case of the 1880s reveals the erroneous assumptions and racism inherent in judgments that would define the nature and character of Aboriginal title in Canadian law and policy for almost a century.

      Table of Contents

      Introduction: Judicial Precedent and Indigenous Rights

      1 The Political and Ideological Context of the 1880s

      2 The Historical Context

      3 The Factual Background, Cause of Action, and Evidence

      4 Chancellor Boyd’s Trial Decision

      5 The Ontario Court of Appeal Decision

      6 The Supreme Court of Canada Judgments

      7 Lord Watson’s Privy Council Decision

      8 The Decision’s Impact and the Debate over Indigenous Land Rights in British Columbia

      9 The Modern Case Law

      Conclusion: A Lesson in Judicial Precedent

      Notes; Bibliographic Essay; Index of Cases; Index

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