Purich's Aboriginal Issues Series – serie
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2 produkter
2 produkter
Häftad, Engelska, 2001
276 kr
Skickas inom 11-20 vardagar
A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. Aboriginal rights include more than a title; within the fiduciary relationship between the federal government and Aboriginal peoples is the issue of compensation for the infringement of Aboriginal and treaty rights. In an historical and legal context, Mainville examines Aboriginal and treaty rights origins, major Canadian court decisions that have defined them, the impact of the Canadian Constitution, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. Mainville argues that while Canadian law can provide guidelines for compensation, expropriation law is inadequate to address the issue fully, and instead provides clear and practical principles for compensation.
Häftad, Engelska, 2005
431 kr
Skickas inom 11-20 vardagar
In the 1950s, Indian Affairs concealed the lease terms of more than one-third of the Musqueam's reserve land to the Shaughnessy Heights Golf Club in Vancouver, BC. Justice for the Musqueam was finally achieved in 1984 with the release of Guerin v. the Queen, where the Supreme Court of Canada confirmed that Canada has a duty to act in the best interests of Aboriginal peoples. This book tells the story of the government's breach of that duty, the impact of the Court's decision on the development of Aboriginal law and the law of fiduciary obligations. Discussion of recent decisions in Haida and Taku River, and a comparison to laws in the United States, Australia, and New Zealand is also included.