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Last edited by mita
January 9, 2013 | History

Lament for a First Nation 1 editions

Cover of: Lament for a First Nation | Peggy J. Blair
About the Book

In a 1994 decision known as Howard, the Supreme Court of Canada held that the Aboriginal signatories to the 1923 Williams Treaties had knowingly given up not only their title to off-reserve lands but also their treaty rights to hunt and fish for food. No other First Nations in Canada have ever been found to have willingly surrendered similar rights.

Peggy J. Blair gives the Howard decision considerable context. She examines federal and provincial bickering over "special rights" for Aboriginal peoples and notes how Crown policies toward Indian rights changed as settlement pressures increased. Blair argues that the Canadian courts caused a serious injustice by applying erroneous cultural assumptions in their interpretation of the evidence. In particular, they confused provincial government policy, which has historically favoured public over special rights, with the understanding of the parties at the time.

Blair demonstrates that when American courts applied the same legal principles as their Canadian counterparts to a case involving similar facts, they reached the opposite conclusion. Lament for a First Nation convincingly demonstrates that what the Canadian courts considered to be strong and conclusive proof of surrender was in fact based on almost no evidence at all.

1 edition First published in 2008

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Cover of: Lament for a First Nation
2008, UBC Press
Lament for a First Nation
in English

History

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January 9, 2013 Edited by mita added description from publisher
January 9, 2013 Edited by mita Added new cover
January 29, 2010 Edited by WorkBot add more information to works
December 11, 2009 Created by WorkBot add works page