Flawed precedent :: the St. Catherine's case and Aboriginal title /: Kent McNeil.

McNeil, Kent,

Flawed precedent : the St. Catherine's case and Aboriginal title / Kent McNeil.

McNeil, Kent, 1945- author.

2019

KEO1047.O39 M36 2019

Available at Room 135 (request to retrieve)

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Author

McNeil, Kent, 1945- author.

Title

Flawed precedent : the St. Catherine's case and Aboriginal title / Kent McNeil.

Imprint

Vancouver ; Toronto : UBC Press, [2019]

Copyright

Description

xv, 334 pages : illustrations, maps ; 22 cm.

Series

Landmark cases in Canadian law.

Formatted Contents Note

The political and ideological context of the 1880s
The historical context
The factual background, cause of action, and evidence
Chancellor Boyd's trial decision
The Ontario Court of Appeal decision
The Supreme Court of Canada judgments
Lord Watson's Privy Council decision
The decision's impact and the debate over Indigenous land rights in British Columbia
The modern case law.

Summary

"In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine's Milling and Lumber Company v. The Queen, a case involving the Saulteaux people's land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine's had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot'in, and in other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than the discarded prejudicial assumptions of a bygone era."-- Provided by publisher.

Note

Includes table of cases.

Bibliography, etc. Note

Includes bibliographical references (pages 191-295) and index.

Available Note

Issued also in electronic format.

Available in Other Form

Online version: McNeil, Kent, 1945- Flawed precedent. Vancouver ; Toronto : UBC Press, 2019

Call Number

KEO1047.O39 M36 2019

Language

English