Aboriginal Title and Indigenous Peoples

Louis A. Knafla is a professor emeritus of the Department of History and director of socio-legal studies at the University of Calgary. Haijo Westra is a professor of Greek and Roman studies at the University of Calgary.Contributors: Brian Ballantyne, Paul L.A.H. Chartrand, Peter W. Hutchins, Kenichi Matsui, Kent McNeil, Nicolas Peterson, Arthur Ray, Bruce Rigsby, Jacinta Ruru, and David Yarrow

The book is a major contribution to the widespread controversies over how the contemporary state and minority peoples/nations within it can come to an enduring rapprochement…the editors and contributors have produced a volume that should be on the bookshelf of every serious scholar studying Aboriginal issues. - Alan Cairns (BC Studies, Winter 2011) This collection offers a welcome contribution to the growing literature on comparative Indigenous rights frameworks…it should help stimulate further thinking that crosses national and disciplinary borders while addressing issues of interest to the Great Plains. - Dwight Newman, University of Saskatchewan (Great Plains Research, Vol 21, No 1)

• Introduction. "This Is Our Land": Aboriginal Title at Customary and Common Law in Comparative Contexts / Louis A. KnaflaPart 1: Sovereignty, Extinguishment, and Expropriation of Aboriginal Title1 From the US Indian Claims Commission Cases to Delgamuukw: Facts, Theories, and Evidence in North American Land Claims / Arthur Ray2 Social Theory, Expert Evidence, and the Yorta Yorta Rights Appeal Decision / Bruce Rigsby3 Law's Infidelity to Its Past: The Failure to Recognize Indigenous Jurisdiction in Australia and Canada / David Yarrow4 The Defence of Native Title and Dominion in Sixteenth-Century Mexico Compared with Delgamuukw / Haijo Westra5 Beyond Aboriginal Title in Yukon: First Nations Land Registries / Brian BallantynePart 2: Native Land, Litigation, and Indigenous Rights6 The "Race" for Recognition: Toward a Policy of Recognition of Aboriginal Peoples in Canada / Paul L.A.H. Chartrand7 The Sources and Content of Indigenous Land Rights in Australia and Canada: A Critical Comparison / Kent McNeil8 Common Law, Statutory Law, and the Political Economy of the Recognition of Indigenous Australian Rights in Land / Nicolas Peterson9 Claiming Native Title in the Foreshore and Seabed / Jacinta Ruru10 Waterpower Developments and Native Water Rights Struggles in the North American West in the Early Twentieth Century: A View from Three Stoney Nakoda Cases / Kenichi MatsuiConclusion. Power and Principle: State-Indigenous Relations across Time and Space / Peter W. HutchinsSelected Bibliography; General Index; Index of Cases; Index of Statutes, Treaties, and Agreements