Description

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.

Lament for a First Nation: The Williams Treaties of Southern Ontario

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Hardback by Peggy J. Blair

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In a 1994 decision known as Howard, the Supreme Court of Canada held that the Aboriginal signatories to the 1923... Read more

    Publisher: University of British Columbia Press
    Publication Date: 14/05/2008
    ISBN13: 9780774815123, 978-0774815123
    ISBN10: 0774815124

    Number of Pages: 364

    Non Fiction , History

    Description

    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.

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