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History Native American

Aboriginal and Treaty Rights in Canada

Essays on Law, Equality and Respect for Difference

edited by Michael Asch

Publisher
UBC Press
Initial publish date
Jun 1998
Category
Native American, Native American Studies
  • Paperback / softback

    ISBN
    9780774805810
    Publish Date
    Jun 1998
    List Price
    $34.95
  • Hardback

    ISBN
    9780774805803
    Publish Date
    Mar 1997
    List Price
    $67.00
  • eBook

    ISBN
    9780774853071
    Publish Date
    Oct 2007
    List Price
    $125.00

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Description

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.

About the author

Michael Asch is a professor emeritus in the Department of Anthropology at the University of Alberta and a professor (limited term) in the Department of Anthropology and adjunct professor in the Department of Political Science at the University of Victoria.

Michael Asch's profile page

Editorial Reviews

Timely and important discussions about historical treaties and modern treaty-making.

BC Studies

An important collection of articles ... the editor is to be congratulated for putting together a collection of essays on the law relating to Aboriginal peoples that contains some of the very best scholarship available in this field. Though the message is often depressing, it is delivered with impressive and eloquent erudition.

Alberta Law Review, Vol. 36, 1997

Representing a broad range of disciplines and geographic regions, this useful reference provides much food for thought.

Canadian Book Review Annual

Other titles by Michael Asch