The Marshall Decision and Native Rights
Title | The Marshall Decision and Native Rights PDF eBook |
Author | Kenneth Coates |
Publisher | McGill-Queen's Press - MQUP |
Pages | 276 |
Release | 2000 |
Genre | History |
ISBN | 9780773521087 |
This book describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, and the author explains the cross-cultural, legal, and political implications of the recent Supreme Court decision in the Donald Marshall case.
Truth and Conviction
Title | Truth and Conviction PDF eBook |
Author | L. Jane McMillan |
Publisher | UBC Press |
Pages | 233 |
Release | 2019-01-08 |
Genre | Law |
ISBN | 0774837519 |
The name “Donald Marshall Jr.” is synonymous with “wrongful conviction” and the fight for Indigenous rights in Canada. In Truth and Conviction, Jane McMillan – Marshall’s former partner, an acclaimed anthropologist, and an original defendant in the Supreme Court’s Marshall decision on Indigenous fishing rights – tells the story of how Marshall’s fight against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall was destined to assume the role of hereditary chief of the Mi’kmaw Nation when, in 1971, he was wrongly convicted of murder. He spent more than eleven years in jail before a royal commission exonerated him and exposed the entrenched racism underlying the terrible miscarriage of justice. Four years later, in 1993, he was charged with fishing eels without a licence. With the backing of Mi’kmaw chiefs, he took the case all the way to the Supreme Court to vindicate Indigenous treaty rights in the landmark Marshall decision. Marshall was only fifty-five when he died in 2009. His legacy lives on as Mi’kmaq continue to assert their rights and build justice programs grounded in customary laws and practices, key steps in the path to self-determination and reconciliation.
Buying America from the Indians
Title | Buying America from the Indians PDF eBook |
Author | Blake A. Watson |
Publisher | |
Pages | 514 |
Release | 2022-08-02 |
Genre | |
ISBN | 9780806191270 |
Johnson v. McIntosh and its impact offers a comprehensive historical and legal overview of Native land rights since the European discovery of the New World. Watson sets the case in rich historical context. After tracing Anglo-American views of Native land rights to their European roots, Watson explains how speculative ventures in Native lands affected not only Indian peoples themselves but the causes and outcomes of the French and Indian War, the American Revolution, and ratification of the Articles of Confederation. He then focuses on the transactions at issue in Johnson between the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies.
Power Without Law
Title | Power Without Law PDF eBook |
Author | Alex M. Cameron |
Publisher | |
Pages | 255 |
Release | 2009 |
Genre | Malecite Indians |
ISBN | 9786612867118 |
Power Without Law
Title | Power Without Law PDF eBook |
Author | Alex M. Cameron |
Publisher | McGill-Queen's Press - MQUP |
Pages | 255 |
Release | 2009 |
Genre | Law |
ISBN | 0773576673 |
The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.
American Indian Sovereignty and the U.S. Supreme Court
Title | American Indian Sovereignty and the U.S. Supreme Court PDF eBook |
Author | David E. Wilkins |
Publisher | University of Texas Press |
Pages | 426 |
Release | 1997 |
Genre | Social Science |
ISBN | 9780292791091 |
Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.
Conquest by Law
Title | Conquest by Law PDF eBook |
Author | Lindsay G. Robertson |
Publisher | Oxford University Press |
Pages | 264 |
Release | 2005-08-25 |
Genre | History |
ISBN | 0199881995 |
In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.