Search results for ""author kent mcneil""
University of British Columbia Press Flawed Precedent: The St. Catherine’s Case and Aboriginal Title
In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.
£24.29
University of British Columbia Press Flawed Precedent: The St. Catherine’s Case and Aboriginal Title
In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.
£66.60
University of Toronto Press Voicing Identity: Cultural Appropriation and Indigenous Issues
Written by leading Indigenous and non-Indigenous scholars, Voicing Identity examines the issue of cultural appropriation in the contexts of researching, writing, and teaching about Indigenous peoples. This book grapples with the questions of who is qualified to engage in these activities and how this can be done appropriately and respectfully. The authors address these questions from their individual perspectives and experiences, often revealing their personal struggles and their ongoing attempts to resolve them. There is diversity in perspectives and approaches, but also a common goal: to conduct research and teach in respectful ways that enhance understanding of Indigenous histories, cultures, and rights, and promote reconciliation between Indigenous and non-Indigenous peoples. Bringing together contributors with diverse backgrounds and unique experiences, Voicing Identity will be of interest to students and scholars studying Indigenous issues as well as anyone seeking to engage in the work of making Canada a model for just relations between the original peoples and newcomers.
£24.99
