Hamar Foster – författare

In the early 1970s, many questioned whether Aboriginal title existed in Canada and rejected the notion that Aboriginal peoples should have rights different from those of other citizens. But in 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law.Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."

The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.

Too often, history and knowledge of Indigenous-settler conflict over land take the form of confidential reports prepared for court challenges. To Share, Not Surrender offers an entirely new approach, opening scholarship to the public and augmenting it with First Nations community expertise. The authors take us back to when James Douglas and his family relocated to Fort Victoria on Vancouver Island in 1849, critically tracing the transition from treaty-making in the colony of Vancouver Island to reserve formation in the colony of British Columbia. Informed by the spirit of cel'aṉ'en – "our culture, the way of our people" – this multivocal work includes essays, translations/interpretations of the treaties into the SENĆOŦEN and Lekwungen languages, and contributions by participants of the Songhees, Huu-ay-aht, and WSANEC peoples.As an all-embracing exploration of the struggle over land, To Share, Not Surrender advances the urgent task of reconciliation in Canada.

Too often, history and knowledge of Indigenous-settler conflict over land take the form of confidential reports prepared for court challenges. To Share, Not Surrender offers an entirely new approach, opening scholarship to the public and augmenting it with First Nations community expertise. The authors take us back to when James Douglas and his family relocated to Fort Victoria on Vancouver Island in 1849, critically tracing the transition from treaty-making in the colony of Vancouver Island to reserve formation in the colony of British Columbia. Informed by the spirit of cel'aṉ'en – "our culture, the way of our people" – this multivocal work includes essays, translations/interpretations of the treaties into the SENĆOŦEN and Lekwungen languages, and contributions by participants of the Songhees, Huu-ay-aht, and WSANEC peoples.As an all-embracing exploration of the struggle over land, To Share, Not Surrender advances the urgent task of reconciliation in Canada.

This sixth volume in the Osgoode Society's distinguished series on the history of Canadian law turns to the a central theme in the history of British Columbia and the Yukon - law and order. In the early days of British sovereignty, the frenzied activity of the fur trade and the gold rush, along with clashes between settlers and Natives, made law enforcement a difficult business. Later, although law and order were more firmly established, tensions continued between the dominant populations committed to the practice and rhetoric of British justice and those groups owing allegiance to other value systems (such as Native peoples, Asian immigrants, and Doukhobors) or those resisting authority (criminals and the criminally insane). These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system.The essays cover a wide range of topics, and explore the human as well as the legal dimensions of their subjects, relating specific cases to broader theory. They demonstrate that English law has been flexible enough to accommodate diversity and is, therefore, pragmatic. The volume also proves that there is no single Canadian legal culture: geography, demography, politics, economics, and military considerations have had an impact on the shape of our legal culture. The introduction by John McLaren and Hamar Foster pulls together the many regional themes to provide a clear overview of the legal complexities of the period.

This sixth volume in the Osgoode Society's distinguished series on the history of Canadian law turns to the a central theme in the history of British Columbia and the Yukon - law and order. In the early days of British sovereignty, the frenzied activity of the fur trade and the gold rush, along with clashes between settlers and Natives, made law enforcement a difficult business. Later, although law and order were more firmly established, tensions continued between the dominant populations committed to the practice and rhetoric of British justice and those groups owing allegiance to other value systems (such as Native peoples, Asian immigrants, and Doukhobors) or those resisting authority (criminals and the criminally insane). These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system.The essays cover a wide range of topics, and explore the human as well as the legal dimensions of their subjects, relating specific cases to broader theory. They demonstrate that English law has been flexible enough to accommodate diversity and is, therefore, pragmatic. The volume also proves that there is no single Canadian legal culture: geography, demography, politics, economics, and military considerations have had an impact on the shape of our legal culture. The introduction by John McLaren and Hamar Foster pulls together the many regional themes to provide a clear overview of the legal complexities of the period.