An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights.

An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.

An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights.

An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.

Solemn Words and Foundational Documents

An Annotated Discussion of Indigenous-Crown Treaties in Canada, 1752-1923 Jean-Pierre Morin ... Robert Mainville points out in his legal study An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach that the R. v.

Solemn Words and Foundational Documents

In Solemn Words and Foundational Documents, Jean-Pierre Morin unpacks the complicated history of Indigenous treaties in Canada. By including the full text of eight significant treaties from across the country--each accompanied by a cast of characters, related sources, discussion questions, and an essay by the author--he teaches readers how to analyze and understand treaties as living documents. The book begins by examining treaties concluded during the height of colonial competition, when France and Britain each sought to solidify their alliances with Indigenous peoples. It then goes on to tell the stories of treaty negotiations from across the country: the miscommunication of ideas and words from Crown representatives to treaty text; the varying ranges of rights and promises; treaty negotiations for which we have a rich oral history but limited written records; multiple phases of post-Confederation treaty-making; and the unique case of competing treaties with radically different interpretations.

Treaties with American Indians An Encyclopedia of Rights Conflicts and Sovereignty 3 volumes

The Promise of Marshall on the Prairies: A Framework for Analyzing Unfulfilled Treaty Promises.” Saskatchewan Law Review 63(2): 667. ... An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach.

Treaties with American Indians  An Encyclopedia of Rights  Conflicts  and Sovereignty  3 volumes

This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. • Over 300 A–Z entries covering important treaties such as the Treaty of 1778, U.S. and Indian leaders such as Chief Justice John Marshall and Red Cloud of the Sioux, and legal decisions such as Worcester v. Georgia • 16 in-depth thematic essays providing both government and Indian perspectives on major issues, plus six essays looking at U.S.–Indian relations region by region • A complete chronology of the major events that shaped the history of Native American treaty-making • Over 100 contributors who are distinguished scholars in their field, such as Carole Greenberg and R. David Edmunds • Photographs of significant individuals, treaty sites, and artifacts

Indian Treaties in the United States A Encyclopedia and Documents Collection

“Negotiating Treaties and Land Claims: The Impact of Diversity within First Nations Property Interests. ... An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach. Saskatoon, SK: Purich. Morse, Bradford. 2004.

Indian Treaties in the United States  A Encyclopedia and Documents Collection

This book examines the treaties that promised self-government, financial assistance, cultural protections, and land to the more than 565 tribes of North America (including Alaska, Hawaii, and Canada). • Examines more than twenty primary source documents from treaties made between American Indians and the U.S. government between the late 18th and 19th centuries • Contextualizes primary source documents with essays on topics such as treaty-making, the American Indian perspective, and treaties made between the Civil War and Reconstruction period to help students more fully understand their significance • Includes images of original, signed treaties negotiated between tribes and the U.S. government, which offers visual learners concrete evidence by which to connect with the events that transpired • Includes key terms such as "doctrine of discovery," "guardianship," and "sovereignty," enabling students to grasp the complexity of federal negotiations

Remedies for Human Rights Violations

93 Robert Mainville, An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach (Saskatoon: Purich, 2001), pp.87, 94. Guerin v. The Queen, [1984] 2 SCR 335 at 339. Mabo v. Queensland (1992), 66 ALJR 408 at 410 per ...

Remedies for Human Rights Violations

Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.

Aboriginal Law Fourth Edition

(2) Haida,145 wherein the SCC indicated that the law of trusts and fiduciaries may apply to Crown incursions on Aboriginal ... Mainville, an Overview of aboriginal and treaty rights and Compensation for their Breach (Saskatoon: Purich ...

Aboriginal Law  Fourth Edition

Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.

Race Racialization and Antiracism in Canada and Beyond

8 For an overview of Canada's fiduciary responsibilities, see R. Mainville, An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach (Saskatoon: Purich, 2001), ch. 3. 9 Asch, Home and Native Land, 3–5.

Race  Racialization and Antiracism in Canada and Beyond

This multidisciplinary volume brings together scholars and activists to examine expressions of racism in contemporary policy areas, including education, labour, immigration, media, and urban planning. While anti-racist struggles during the twentieth century were largely pitched against overt forms of racism (e.g., pogroms, genocide, segregation, apartheid, and 'ethnic cleansing'), it has become increasingly apparent that there are other, less visible, forms of racism. These subtler incarnations are of special interest to the contributors. The intent of Race, Racialization, and Antiracism in Canada and Beyond is to probe systemic forms of racism, as well as to suggest strategies for addressing them. The collection is organized by themes pertinent to political and social expressions of racism in Canada and the wider world, such as the state and its mediation of race, education and the perpetuation of racist marginalization, and the role of the media. The contributors argue that, in order to effectively combat racism, various methodological approaches are required, approaches that are reflective of the diversity of the world we seek to understand.

Let Right Be Done

Aboriginal Title, the Calder Case, and the Future of Indigenous Rights Hamar Foster, Heather Raven, Jeremy Webber ... An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach (Saskatoon, SK: Purich Publishing, ...

Let Right Be Done

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 Rights of Indigenous Peoples in Marine Areas

31 For criticisms, see, eg, R Mainville, An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach (Purich Publishing, 2001) 28–31; and L Rotman, 'Creating a Still-Life out of Dynamic Object: Rights Reductionism ...

The Rights of Indigenous Peoples in Marine Areas

The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Aboriginal Title and Indigenous Peoples

The Politics of Indigeneity: Challenging the State in Canada and Aotearoa New Zealand. ... Indigenous Difference and the Constitution of Canada. ... An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach.

Aboriginal Title and Indigenous Peoples

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

From Treaties to Reserves

The Federal Government and Native Peoples in Territorial Alberta, 1870-1924 D.J. Hall. Mainville, Robert. An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach. Saskatoon: Purich Publishing, 2001.

From Treaties to Reserves

Though some believe that the Indian treaties of the 1870s achieved a unity of purpose between the Canadian government and First Nations, in From Treaties to Reserves D.J. Hall asserts that - as a result of profound cultural differences - each side interpreted the negotiations differently, leading to conflict and an acute sense of betrayal when neither group accomplished what the other had asked. Hall explores the original intentions behind the government's policies, illustrates their attempts at cooperation, and clarifies their actions. While the government believed that the Aboriginal peoples of what is now southern and central Alberta desired rapid change, the First Nations, in contrast, believed that the government was committed to supporting the preservation of their culture while they adapted to change. Government policies intended to motivate backfired, leading instead to poverty, starvation, and cultural restriction. Many policies were also culturally insensitive, revealing misconceptions of Aboriginal people as lazy and over-dependent on government rations. Yet the first two decades of reserve life still witnessed most First Nations people participating in reserve economies, many of the first generation of reserve-born children graduated from schools with some improved ability to cope with reserve life, and there was also more positive cooperation between government and First Nations people than is commonly acknowledged. The Indian treaties of the 1870s meant very different things to government officials and First Nations. Rethinking the interaction between the two groups, From Treaties to Reserves elucidates the complexities of this relationship.

The SAGE Handbook of Identities

Dickason, O. (1992) Canada's First Nations: A History of Founding Peoples from Earliest Times. Toronto: McClelland and Stewart Inc. ... Mainville, R. (2001) An Overview of Aboriginal and Treaty Rights and Compensation for their Breach.

The SAGE Handbook of Identities

"Overall, its breaking of disciplinary isolation, enhancing of mutual understanding, and laying out of a transdisciplinary platform makes this Handbook a milestone in identity studies." - Sociology Increasingly, identities are the site for interdisciplinary initiatives and identity research is at the heart of many transdisciplinary research centres around the world. No single social science discipline 'owns' identity research which makes it a difficult topic to categorize. The SAGE Handbook of Identities systematizes this complex field by incorporating its interdisciplinary character to provide a comprehensive overview of its themes in contemporary research while still acknowledging the historical and philosophical significance of the concept of identity. Drawing on a global scholarship the Handbook has four parts: Frameworks: presents the main theoretical and methodological perspectives in identities research. Formations: covers the major formative forces for identities such as culture, globalisation, migratory patterns, biology and so on. Categories: reviews research on the core social categories central to identity such as ethnicity, gender, sexuality, disability and intersections between these. Sites and Context: develops a series of case studies of crucial sites and contexts where identity is at stake such as social movements, relationships, work-places and citizenship.

Real Indians and Others

Colonialism and Modern Constructions of Race : A Preliminary Inquiry . University of Miami Law Review 53 , no . 4 : 1219-46 . Mainville , Robert . 2001. An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach .

 Real  Indians and Others

Mixed-blood urban Native peoples in Canada are profoundly affected by federal legislation that divides Aboriginal peoples into different legal categories. In this pathfinding book, Bonita Lawrence reveals the ways in which mixed-blood urban Natives understand their identities and struggle to survive in a world that, more often than not, fails to recognize them. In ?Real? Indians and Others Lawrence draws on the first-person accounts of thirty Toronto residents of Native heritage, as well as archival materials, sociological research, and her own urban Native heritage and experiences. She sheds light on the Canadian government?s efforts to define Native identity through the years by means of the Indian Act and shows how residential schooling, the loss of official Indian status, and adoption have affected Native identity. Lawrence looks at how Natives with ?Indian status? react and respond to ?nonstatus? Natives and how federally recognized Native peoples attempt to impose an identity on urban Natives. Drawing on her interviews with urban Natives, she describes the devastating loss of community that has resulted from identity legislation and how urban Native peoples have wrestled with their past and current identities. Lawrence also addresses the future and explores the forms of nation building that can reconcile the differences in experiences and distinct agendas of urban and reserve-based Native communities.

Natives and Settlers Now and Then

Historical Issues and Current Perspectives on Treaties and Land Claims in Canada Paul W. DePasquale. Innis, Harold A. The Fur Trade In Canada: An ... An Overview of Aboriginal and Treaty Rights and Compensation For Their Breach.

Natives and Settlers Now and Then

“Natives and Settlers provides a beginning to what should be (and should have been) a continuing, respectful discussion.” —Blanca Schorcht, Associate Professor, University of Northern British Columbia. Is Canada truly postcolonial? Burdened by a past that remains ‘refracted’ in its understanding and treatment of Native peoples, this collection reinterprets treaty making and land claims from Aboriginal perspectives. These five essays not only provide fresh insights to the interpretations of treaties and treaty-making processes, but also examine land claims still under negotiation. Natives and Settlers reclaims the vitality of Aboriginal laws and paradigms in Canada, a country new to decolonization.

Wise Practices

101 See generally Robert Mainville, An Overview of Aboriginal and Treaty Rights and Compensation for their Breach (Saskatoon: Purich Publishing Ltd., 2001). See also UNDIRP: Article 32 1 Indigenous people have the right to determine and ...

Wise Practices

This volume explores the relationship between Indigenous self-determination - specifically practices of law and governance - and Indigenous social and economic development.

Routledge Handbook of International Law

Machlup, F. (1958) An Economic Review of the Patent System, Study of the Subcommittee on Patents, Trademarks, ... Mainville, R. (2001) An Overview of Aboriginal and Treaty Rights and Compensation for their Breach, Saskatoon: Purich.

Routledge Handbook of International Law

The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field. This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections: The Nature of International Law including the interaction between the disciplines of International Law and International Relations The Evolution of International Law progressing from the ancient world to present day. Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by "new terrorism". A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.

North American Indians

Mainville, Robert 2001 An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach. Saskatoon, SK: Purich. Marchione, Marilynn 1991 Gambling on a School. Wisconsin, the Milwaukee Journal Magazine, April 14, 1991:7–16.

North American Indians

Written in an easy-to-read, narrative format, this volume provides the most comprehensive coverage of North American Indians from earliest evidence through 1990. It shows Indians as "a people with history" and not as primitives, covering current ideological issues and political situations including treaty rights, sovereignty, and repatriation. A must-read for anyone interested in North American Indian history. This is a comprehensive and thought-provoking approach to the history of the native peoples of North America (including Mexico and Canada) and their civilizations.For Native American courses taught in anthropology, history and Native American Studies.

Canadian Books in Print Author and Title Index

... 1995 $ 4.50 paper [ 0-9698319-5-1 ] Overtime : the legend of Guy Lafleur Germain , Georges - Hébert ; Penguin , 1992 $ 7.99 paper [ O - 14-017383-8 ] CIP An Overview of aboriginal and treaty rights and compensation for their breach ...

Canadian Books in Print  Author and Title Index


Forging Alberta s Constitutional Framework

For a discussion of this opinion and others see Frank Tough , “ Introduction to Documents : Indian Hunting Rights ... of the Crown , see Robert Mainville , An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach ...

Forging Alberta s Constitutional Framework

Forging Alberta's Constitutional Framework explores the nature and development of Alberta's constitution by examining a number of celebrated cases and themes that have shaped and altered legal, social, economic, political, and cultural rights and responsibilities within Alberta and Canada. Contributors from across Canada include historians, lawyers, political scientists, and politicians writing on themes that illustrate how Alberta's constitution is the product of decades, even centuries, of contest, debate, division, and negotiation.