An overview of Aboriginal and treaty rights and compensation for their breach Cover Image

Book

An overview of Aboriginal and treaty rights and compensation for their breach / Robert Mainville.

Mainville, Robert, 1953- (author.).

Summary:

A pressing issue today is how to compensate Aboriginal Peoples for the infringement of their rights. In this book, Robert examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major Canadian 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.

Record details

ISBN: 1895830176 (softcover) :
Physical Description: xxiv, 166 pages ; 23 cm
Publisher: Saskatoon : Purich Pub., [2001]
Copyright: ©2001

Content descriptions

Bibliography, etc. Note:

Includes bibliographical references and index.

Formatted Contents Note:

Acknowledgements -- Table of cases -- Table of authorities -- Introduction -- Chapter 1: Aboriginal rights at common law -- Chapter 2: Treaty rights -- Chapter 3: The fiduciary relationship between aboriginal peoples and the Crown -- Chapter 4: Federal common law and aboriginal and treaty rights -- Chapter 5: Legal principles governing the infringement of aboriginal and treaty rights -- Chapter 6: A review of compensation in cases of expropriation unrelated to aboriginal and treaty rights -- Chapter 7: The experience in the United States -- Chapter 8: A proposal for principles of compensation -- Conclusion -- Notes -- Index.