Flawed Precedent : The St. Catherine's Case and Aboriginal Title / Kent McNeil.
2019
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Details
Author
Title
Flawed Precedent : The St. Catherine's Case and Aboriginal Title / Kent McNeil.
Imprint
Vancouver ; Toronto : University of British Columbia Press, [2019]
Copyright
©2019
Description
1 online resource (352 p.) : 21 b&w photos, 4 maps.
Series
Landmark cases in Canadian law.
Formatted Contents Note
Front Matter
Contents
Illustrations
Acknowledgments
Notes on Terminology and Illustrations
Introduction
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
Conclusion
Notes
Bibliographic Essay
Index of Cases
Index
Contents
Illustrations
Acknowledgments
Notes on Terminology and Illustrations
Introduction
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
Conclusion
Notes
Bibliographic Essay
Index of Cases
Index
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 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 by the discarded prejudicial assumptions of a bygone era.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 06. Mrz 2024)
Location
www
In
Title is part of eBook package: ACUP Complete eBook-Package 2019 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2019 De Gruyter
Title is part of eBook package: University of British Columbia Complete eBook-Package 2019 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2019 De Gruyter
Title is part of eBook package: University of British Columbia Complete eBook-Package 2019 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780774861076
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