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Aboriginal and treaty rights in Canada : essays on law, equality, and respect for difference. University of British Columbia Press. ISBN 0-7748-0581-1. Belanger, Yale D. (2014). Ways of Knowing: An Introduction to Native Studies in Canada. Toronto, ON: Nelson. Bell, Catherine; Robert K. Paterson (2009).
"The Hidden Constitution: Aboriginal Rights in Canada", (1984), 32 American Journal of Comparative Law 361-91 (31 pages). Article reviewing the constitutional and historical grounds for aboriginal and treaty rights in Canada, and discussing the effects of the entrenchment of these rights in the Constitution of Canada.
First Nations cannot use Aboriginal titles or punitive damages as the basis of their claims. [9] The government of Canada typically resolves specific claims by negotiating a monetary compensation for the breach with the band government, and in exchange, they require the extinguishment of the First Nation's rights to the land in question. [10]
In 1947, a parliamentary committee recommended that Canada create a "Claims Commission" similar to the Indian Claims Commission in the United States, which was created two years prior in 1945. It was again recommended between 1959 and 1961 that Canada investigate land grievances of First Nations in British Columbia and in Kanesatake, Quebec. [2]
Aboriginal and treaty rights in Canada : essays on law, equality, and respect for difference. University of British Columbia Press. ISBN 0-7748-0581-1. Daschuck, James (13 May 2013). Clearing the Plains: Disease, Politics of Starvation, and the Loss of Aboriginal Life. University of Regina Press. ISBN 978-0-88977-296-0.
Michael I. Asch (born April 9, 1943) is an anthropologist in Canada. [1] He became Professor Emeritus at the University of Alberta [2] and works as a professor in the Department of Anthropology at the University of Victoria. [3] Much of his work over the years has focused on issues of Indigenous rights and indigenous-settler relations in Canada ...
Subsection 35(3), which was also added in 1983, clarifies that "treaty rights" include "rights that now exist by way of land claims agreements or may be so acquired". As a result, by entering into land claims agreements, the government of Canada and members of an aboriginal people can establish new treaty rights, which are constitutionally ...
25. The guarantee in this Charter of certain rights and freedoms shall not be construed as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and (b) any ...