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Flawed precedent : the St. Catherine's case and Aboriginal title / Kent McNeil.

Author/Creator:
McNeil, Kent, 1945- author.
Publication:
Vancouver ; Toronto : UBC Press, [2019]
Format/Description:
Book
xv, 334 pages : illustrations ; 23 cm.
Series:
Landmark cases in Canadian law
Status/Location:
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Subjects:
Ontario -- Trials, litigation, etc.
Ontario.
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.
Indian title.
Land tenure -- Law and legislation.
Ojibwa Indians -- Claims.
Ojibwa Indians -- Land tenure.
Form/Genre:
Trials, litigation, etc.
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.
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 .
Notes:
Includes bibliographical references (pages 191-295) and indexes.
Other format:
Online version: McNeil, Kent, 1945- Flawed precedent.
ISBN:
9780774861052
9780774861069
0774861061
0774861053
9780774861076
9780774861083
9780774861090
OCLC:
1074393482