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Flawed Precedent

The St. Catherine’s Case and Aboriginal Title

In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine's case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. Les mer

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In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine's case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.

Detaljer

Forlag
University of British Columbia Press
Innbinding
Innbundet
Språk
Engelsk
ISBN
9780774861052
Utgivelsesår
2019
Format
22 x 14 cm
Priser
Winner of John T. Saywell Prize for Canadian Constitutional Legal History, The Osgoode Society for Canadian Legal History 2020 Canada. Short-listed for Canada Prize in the Humanities and Social Sciences, Federation for the Humanities and Social Sciences 2020 Canada.

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