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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.
In 1888, the Judicial Committee of the Privy Council ruled in the
St. Catherine's case. This precedent-setting decision would define
the legal contours of Aboriginal title in Canada for almost a
hundred years. In Flawed Precedent, preeminent legal scholar Kent
McNeil examines the trial and its context in detail, demonstrating
how erroneous assumptions and prejudicial attitudes about
Indigenous peoples and their land use influenced the case. He also
discusses the effects the decision had on law and policy until the
1970s when its authority was finally questioned in Calder and in
other key rulings. McNeil has written a compelling account of a
landmark case that undermined Indigenous land rights for almost a
century.
Indigenous Peoples and the Law provides an historical, comparative
and contextual analysis of various legal and policy issues
affecting Indigenous peoples. It focuses on the common law
jurisdictions of Australia, Canada, New Zealand and the United
States, as well as relevant international law developments. Edited
by Benjamin J Richardson, Shin Imai, and Kent McNeil, this
collection of new essays features 13 contributors including many
Indigenous scholars, drawn from around the world. The book provides
a pithy overview of the subject-matter, enabling readers to
appreciate the seminal issues, precedents and international legal
trends of most concern to Indigenous peoples. The first half of
Indigenous Peoples and the Law takes an historical perspective of
the principal jurisdictions, canvassing, in particular, themes of
Indigenous sovereignty, status and identity, and the movement for
Indigenous self-determination. It also examines these issues in an
international context, including the Inter-American human rights
regime and the 2007 UN Declaration on the Rights of Indigenous
Peoples. The second part of the book canvasses some contemporary
issues and claims of Indigenous peoples, including land rights,
mobility rights, community self-governance, environmental
governance, alternative dispute resolution processes, the legal
status of Aboriginal women and the place of Indigenous legal
traditions and legal theory. Although an introductory volume
designed primarily for readers without advanced understanding of
Indigenous legal issues, Indigenous Peoples and the Law should also
appeal to seasoned scholars, policy-makers, lawyers and others who
are knowledgeable of such issues in their own jurisdiction and wish
to learn more about developments in other places.
In 1888, the Judicial Committee of the Privy Council ruled in the
St. Catherine's case. This precedent-setting decision would define
the legal contours of Aboriginal title in Canada for almost a
hundred years. In Flawed Precedent, preeminent legal scholar Kent
McNeil examines the trial and its context in detail, demonstrating
how erroneous assumptions and prejudicial attitudes about
Indigenous peoples and their land use influenced the case. He also
discusses the effects the decision had on law and policy until the
1970s when its authority was finally questioned in Calder and in
other key rulings. McNeil has written a compelling account of a
landmark case that undermined Indigenous land rights for almost a
century.
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