An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach
Book Details
Format
Paperback / Softback
Book Series
Purich's Aboriginal Issues Series
ISBN-10
1895830176
ISBN-13
9781895830170
Publisher
Purich Publishing
Imprint
Purich Publishing
Country of Manufacture
CA
Country of Publication
GB
Publication Date
Apr 1st, 2001
Print length
192 Pages
Weight
320 grams
Product Classification:
CanadaRelating to Native American people / First AmericansSocial & cultural historyIndigenous peoples / IndigeneityIndigenous peoplesPolitics & governmentPolitics and governmentJurisprudence & general issuesJurisprudence and general issuesConstitutional & administrative lawConstitutional and administrative law: generalSocial and cultural history
Ksh 3,800.00
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Mainville provides clear and practical principles for addressing the breach of Aboriginal and treaty rights and determining appropriate compensation.
A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. Aboriginal rights include more than a title; within the fiduciary relationship between the federal government and Aboriginal peoples is the issue of compensation for the infringement of Aboriginal and treaty rights. In an historical and legal context, Mainville examines Aboriginal and treaty rights origins, major Canadian court decisions that have defined them, the impact of the Canadian Constitution, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. Mainville argues that while Canadian law can provide guidelines for compensation, expropriation law is inadequate to address the issue fully, and instead provides clear and practical principles for compensation.
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