Description

Book Synopsis

In a 1994 decision known as Howard, the Supreme Court of Canada held that the Aboriginal signatories to the 1923 Williams Treaties had knowingly given up not only their title to off-reserve lands but also their treaty rights to hunt and fish for food. No other First Nations in Canada have ever been found to have willingly surrendered similar rights. Blair argues that the Canadian courts caused a serious injustice by applying erroneous cultural assumptions in their interpretation of the evidence. In particular, they confused provincial government policy, which has historically favoured public over special rights, with the understanding of the parties at the time.



Table of Contents

Preface

Introduction

Part 1: Historical Background

1 History of the Williams Treaties First Nations

2 Imperial Crown Policy

3 A New Crown Policy

4 Jurisdictional Disputes

5 Bureaucratic Obstacles

Part 2: The Williams Treaties

6 The Push for a New Treaty

7 Differing Perceptions

8 The Howard Case

9 Analysis

Conclusion

Appendix

Notes

Bibliography

Lament for a First Nation

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    A Hardback by Peggy J. Blair

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      Book details

      Publisher University of British Columbia Press
      Published 14 May 2008
      ISBN-13 9780774815123
      978-0774815123
      ISBN-10 0774815124
      Also in:
      Offences against land use and city planning, monument, land and environment protection Indigenous peoples / Indigeneity

      Description

      Book Synopsis

      In a 1994 decision known as Howard, the Supreme Court of Canada held that the Aboriginal signatories to the 1923 Williams Treaties had knowingly given up not only their title to off-reserve lands but also their treaty rights to hunt and fish for food. No other First Nations in Canada have ever been found to have willingly surrendered similar rights. Blair argues that the Canadian courts caused a serious injustice by applying erroneous cultural assumptions in their interpretation of the evidence. In particular, they confused provincial government policy, which has historically favoured public over special rights, with the understanding of the parties at the time.



      Table of Contents

      Preface

      Introduction

      Part 1: Historical Background

      1 History of the Williams Treaties First Nations

      2 Imperial Crown Policy

      3 A New Crown Policy

      4 Jurisdictional Disputes

      5 Bureaucratic Obstacles

      Part 2: The Williams Treaties

      6 The Push for a New Treaty

      7 Differing Perceptions

      8 The Howard Case

      9 Analysis

      Conclusion

      Appendix

      Notes

      Bibliography

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