Aboriginal Rights Litigation

Publisher: LexisNexis Canada
Format::  Book, 2
ISBN:: 9780433444039


This collection of essays grew out of a series of meetings, seminars and a conference organized by the Congress of Aboriginal Peoples. It is a comprehensive discussion of aboriginal rights litigation as it applies to off-reserve Aboriginal people - a population that comprises approximately 70% of the total native population in Canada.

Under the editorship of Dwight A. Dorey, National Chief of the Congress of Aboriginal Peoples and Professor Joseph E. Magnet, the Congress's principal lawyer and General Counsel, the volume contains leading work from top aboriginal legal scholars from across the country.

The volume is divided into three sections:

Table of Contents

Notes and Contributors
Chapter 1: Introduction and Overview

Chapter 2: The Future of Aboriginal Peoples Off Reserve
Chapter 3: Who are the Aboriginal People of Canada?
Chapter 4: Law, State Practice and political Realities of Defining Indigenousness
Chapter 5: Aboriginality: Legal Foundations, Past Trends, Future Prospects
Chapter 6: In My Brothers' Footsteps: Is R. v. Powley The Path to Recognizing Aboriginal Identity for Non Status Indians?

Chapter 7: Pathways to Justice for Residential School Claimants: Is the Civil Justice System Working?
Chapter 8: The Role of Expert Evidence in Aboriginal Rights Litigation
Chapter 9: Class Actions and Aboriginal Litigation
Chapter 10: Remedies in Aboriginal Litigation
Chapter 11: Financing Aboriginal Litigation

Chapter 12: The Application of Crown Fiduciary Duty to Off Reserve, Non Status and Metis Peoples
Chapter 13: Towards an Understanding of Metis Aboriginal Rights: Reflections on the Reasoning in R. v. Powley
Chapter 14: Off Reserve Aboriginal People and the Charter: Beyond Corbiere
Chapter 15: the Aboriginal Peoples' Movement and its Critics


General Editors: Joseph E. Magnet and Chief Dwight A. Dorey

Dwight A. Dorey, M.A., is National Chief of The Congress of Aboriginal Peoples. The Congress, now in its fourth decade of service to Aboriginal peoples, is the national organization which represents 800,000 off-reserve Aboriginal people. Chief Dorey has served in Aboriginal public life for 25 years, holding many senior positions at the provincial and national levels. He has been an activist and participant in numerous International forums such as the UN working group on the rights of Indigenous Peoples (Geneva), the Organization of American States on drafting a declaration of rights of Indigenous Peoples (NY), The World Conference on Science (Budapest) and Numerous other International Forums. He is the author of Aboriginal Self Government for the Mi'kmaq People of Nova Scotia: Essential Features of a Workable Model.

Joseph Eliot Magnet, F.R.S.C., B.A., LL.B., LL.M., Ph.D., is professor of Law at the University of Ottawa. He clerked for Chief Justice Brian Dickson at the Supreme Court of Canada; served as Assistant Crown Attorney in Ottawa; Distinguished Visiting Professor, Boalt Hall Law School, University of California, Berkeley; Distinguished Visiting Professor, Faculty of Law, Tel Aviv University; Visiting Professor, University of Haifa, Israel; Visiting Professor, Université de Paris, France; Central European University, Budapest. He has acted as counsel in two hundred constitutional cases in the Supreme Court of Canada, the Federal Court of Canada and the appellate and trial courts of Ontario, Quebec, and Manitoba. He has been advisor to the Canadian federal, provincial and territorial governments on constitutional matters; is frequently counsel to individual Members of Parliament and Senators; counsel for many minority groups, corporations and others. Professor Magnet is the author of 14 books, including the forthcoming monograph, Modern Constitutionalism: Essays on Identity, Equality and Democracy and 100 articles on legal subjects. He is General Counsel to the Congress of Aboriginal Peoples with responsibility for constitutional, treaty and Aboriginal rights.

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