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Law Indigenous Peoples

Lament for a First Nation

The Williams Treaties of Southern Ontario

by (author) Peggy J. Blair

Publisher
UBC Press
Initial publish date
Jan 2009
Category
Indigenous Peoples, Ontario (ON), Post-Confederation (1867-), North America, General, General, Land Use
  • Paperback / softback

    ISBN
    9780774815130
    Publish Date
    Jan 2009
    List Price
    $34.95
  • Hardback

    ISBN
    9780774815123
    Publish Date
    May 2008
    List Price
    $37.95

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Description

In a 1994 decision known as Howard, the Supreme Court of Canada held that the Aboriginal signatories to the 1923 Williams Treaties had knowingly given up not only their title to off-reserve lands but also their treaty rights to hunt and fish for food. No other First Nations in Canada have ever been found to have willingly surrendered similar rights. Blair argues that the Canadian courts caused a serious injustice by applying erroneous cultural assumptions in their interpretation of the evidence. In particular, they confused provincial government policy, which has historically favoured public over special rights, with the understanding of the parties at the time.

About the author

Contributor Notes

Peggy J. Blair is one of Canada’s leading lawyers in the field of Aboriginal law.