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Download Aboriginal and Treaty Rights in Canada: Essays on Law, by Michael Asch PDF

By Michael Asch

within the final 20 years there was confident switch in how the Canadian felony approach defines Aboriginal and treaty rights. but even after the popularity of these rights within the structure Act of 1982, the legacy of British values and associations in addition to colonial doctrine nonetheless form how the felony approach identifies and translates Aboriginal and treaty rights. The 8 essays in Aboriginal and Treaty Rights in Canada specialize in redressing this bias. them all follow modern wisdom of ancient occasions in addition to present criminal and cultural thought in an try to point the taking part in box. The ebook highlights wealthy old info that earlier students could have missed. Of specific be aware are information suitable to raised knowing the political and felony kin confirmed through treaty and the Royal Proclamation of 1763. different essays comprise dialogue of such felony issues because the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.

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Extra info for Aboriginal and Treaty Rights in Canada: Essays on Law, Equity, and Respect for Difference

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When the Indian tribes cease to exist, so will the government's duty: this was the presumption of Indian policy in Canada in the late nineteenth and early twentieth centuries. It should be added that this evolutionary model did not really have a hold in the seventeenth and eighteenth centuries; but it does now, affecting our attitudes to everything from literacy to economic development, and deeply influencing the ways in which we interpret the treaties. And among Aboriginal peoples, for most of whom it has a particularly grotesque character, the need to constantly argue against it often skews their commentaries.

Indians were treated as collectively competent, certainly competent enough to negotiate international treaties, but as individually incompetent, in that they needed to be civilized. Parliament dealt with the first, making treaties or sending troops, or establishing policy along lines roughly consistent with the British policy of dealing with Indians as collectively capable of entering into international alliances; and the Department of Indian Affairs dealt with the second (under legislation passed by Parliament, to be sure) along lines that assumed the incapacity of individual Indians and generated administrative arrangements that made this fiction seem like fact.

The Indians were a sufficiently powerful military force in the early 1870s to evoke fears in official circles and, if nothing more, to threaten immigration prospects for a generation. 22 In the years after Confederation, the policy direction was coming from Ottawa, where familiarity with the Indians of Ontario and Quebec set the standards and, more specifically, the goals of advancement and assimilation.

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