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by Robert Mainville

  • ISBN: 1895830176
  • Category: Politics
  • Author: Robert Mainville
  • Subcategory: Social Sciences
  • Other formats: mobi azw mbr doc
  • Language: English
  • Publisher: UBC Press (February 2, 2017)
  • Pages: 192 pages
  • FB2 size: 1626 kb
  • EPUB size: 1190 kb
  • Rating: 4.3
  • Votes: 341
Download An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach (Purich's Aboriginal Issues Series) fb2

Purich's Aboriginal Issues Series He then discusses the principles for determining compensation for the breach of these rights.

Purich's Aboriginal Issues Series. By (author) robert Mainville. The author begins by defining Aboriginal and treaty rights, and discusses limits on the government's ability to infringe them, as well as the government's fiduciary responsibility to Aboriginal peoples. He then discusses the principles for determining compensation for the breach of these rights, third party responsibility for compensation, and the American experience with compensation. Format Paperback 192 pages. Dimensions 152 x 229 x . 5mm 328g. Publication date 02 Feb 2017. Publisher Purich Publishing.

In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining .

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.

Aboriginal rights are collective rights which flow from Aboriginal peoples’ continued use and . A history of Aboriginal rights and the Crown. An Overview of Aboriginal and Treaty Rights and Compensation for their Breach.

Aboriginal rights are collective rights which flow from Aboriginal peoples’ continued use and occupation of certain areas. They are inherent rights which Aboriginal peoples have practiced and enjoyed since before European contact. During settlement and colonization, treaties were negotiated between the Crown and local Aboriginal populations, guided by the Royal Proclamation of 1763. Saskatoon: Purich Publishing Lt. 2001. Monture-Angus, Patricia.

Aboriginal rights include more than a title; within the fiduciary relationship between the federal government and Aboriginal peoples is the issue of compensation for the infringement of Aboriginal and treaty rights.

An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach. Saskatoon, Canada: Purich. Marshall, P. and Glyndwr Williams. The Great Map of Mankind: Perceptions of New Worlds in the Age of Enlightenment. Harvard University Press. Coercive Cooperation: Explaining Multilateral Economic Sanctions.

Series Purich's Aboriginal Issues Series Robert Mainville practiced law in Montreal and represented Aboriginal peoples and First Nations for nearly thirty years

Series Purich's Aboriginal Issues Series. 2. Treaty Rights Forms of Treaties and the Capacity to Enter into Treaties The Nature of Treaty Rights The Interpretation of Treaties The Effect of Treaties. 3. The Fiduciary Relationship Between Aboriginal Peoples and the Crown Judicially Enforceable Duties and Obligations Treaties and the Fiduciary Relationship The Fiduciary Relationship and the Provincial Crown. Robert Mainville practiced law in Montreal and represented Aboriginal peoples and First Nations for nearly thirty years. He was appointed a judge of the Federal Court of Canada in 2009. In an historical and legal context, Mainville examines Aboriginal and treaty rights origins, major Canadian court decisions that have defined them, the impact of the Canadian Constitution, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. Bibliography, etc. Note: Includes bibliographical references and index. C) 2017-2018 All rights are reserved by their owners. Rubrics: Indians of North America Legal status, laws, etc Canada Treaties. On this site it is impossible to download the book, read the book online or get the contents of a book. The administration of the site is not responsible for the content of the site. The data of catalog based on open source database.

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.

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