In the last two decades there has been positive change in how the
Canadian legal system defines Aboriginal and treaty rights. Yet
even after the recognition of those rights in the Constitution Act
of 1982, the legacy of British values and institutions as well as
colonial doctrine still shape how the legal system identifies and
interprets Aboriginal and treaty rights. The eight essays in
Aboriginal and Treaty Rights in Canada focus on redressing this
bias. All of them apply contemporary knowledge of historical events
as well as current legal and cultural theory in an attempt to level
the playing field. The book highlights rich historical information
that previous scholars may have overlooked. Of particular note are
data relevant to better understanding the political and legal
relations established by treaty and the Royal Proclamation of 1763.
Other essays include discussion of such legal matters as the
definition of Aboriginal rights and the privileging of written over
oral testimony in litigation.
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