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Book Cover
E-book
Author McNeil, Kent, 1945- author.

Title Flawed precedent : the St. Catherine's case and Aboriginal title / Kent McNeil
Published Vancouver ; Toronto : UBC Press, 2019

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Description 1 online resource
Series Landmark cases in Canadian law
Landmark cases in Canadian law.
Contents 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 Land Rights in British Columbia -- The Modern Case Law
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 in 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 the discarded prejudicial assumptions of a bygone era."-- Provided by publisher
Analysis Cases
Claims
Indian title
Land tenure
Law and legislation
Ojibwa Indians
Ontario
Bibliography Includes bibliographical references and index
Subject St. Catharine's Milling and Lumber Company -- Trials, litigation, etc
Ojibwa Indians -- Ontario -- Claims -- Cases
Ojibwa Indians -- Land tenure -- Ontario -- Cases
Land tenure -- Law and legislation -- Ontario -- Cases
Indian title -- Ontario -- Cases
LAW -- Administrative Law & Regulatory Practice.
Indian title
Land tenure -- Law and legislation
Ojibwa Indians -- Claims
Ojibwa Indians -- Land tenure
SUBJECT Ontario -- Trials, litigation, etc
Subject Ontario
Genre/Form Trials, litigation, etc.
Form Electronic book
ISBN 077486107X
9780774861083
0774861088
9780774861090
0774861096
9780774861076