Flawed Precedent

The St. Catherine's Case and Aboriginal Title
University of British Columbia Press
  • erschienen am 1. Juni 2019
  • Buch
  • |
  • Hardcover
  • |
  • 352 Seiten
978-0-7748-6105-2 (ISBN)
This book is vital reading for everyone involved in Aboriginal law or title, for legal historians and scholars, and for anyone interested in Indigenous rights in Canada.
  • Englisch
  • Vancouver
  • |
  • Kanada
  • Für Beruf und Forschung
  • geheftet
21 b&w photos, 4 maps
  • Höhe: 216 mm
  • |
  • Breite: 140 mm
  • 540 gr
978-0-7748-6105-2 (9780774861052)

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Kent McNeil is an Emeritus Distinguished Research Professor at Osgoode Hall Law School, York University. He is a member of the Royal Society of Canada and was a recipient of a prestigious Killam Fellowship in 2007. He has published numerous works on the rights of Indigenous peoples, including two books: Common Law Aboriginal Title (1989) and Emerging Justice? Essays on Indigenous Rights in Canada and Australia (2001). He has also co-edited a collection, Indigenous Peoples and the Law: Comparative and Critical Perspectives (2009). His work has been relied on by the Supreme Court of Canada and the High Court of Australia in landmark decisions on Indigenous land rights. He has also provided advice to Indigenous peoples in Australia, Belize, Canada, and New Zealand.
Introduction: Judicial Precedent and Indigenous Rights

1 The Political and Ideological Context of the 1880s

2 The Historical Context

3 The Factual Background, Cause of Action, and Evidence

4 Chancellor Boyd's Trial Decision

5 The Ontario Court of Appeal Decision

6 The Supreme Court of Canada Judgments

7 Lord Watson's Privy Council Decision

8 The Decision's Impact and the Debate over Indigenous Land Rights in British Columbia

9 The Modern Case Law

Conclusion: A Lesson in Judicial Precedent

Notes; Bibliographic Essay; Index of Cases; Index

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