National Network for Equitable Library Service

Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult.

First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research.

A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples.

Health Care and the Charter explores the systematic use of Charter litigation in the area of health care and the policy impact of the resulting judicial decisions. Christopher P. Manfredi and Antonia Maioni examine three of the most controversial Supreme Court decisions in recent years. Eldridge (1997) and Auton (2004) invited the Court to extend the scope of publicly funded services, while Chaouilli (2005) asked the Court to allow private health services.

In 1999 the Nisga’a First Nation in northwestern British Columbia signed a landmark agreement which not only settled their land claim but outlined significant powers that could be exercised by its government. The Nisga’a Final Agreement granted powers over land, resources, education, and cultural policy to the Nisga’a government, a major departure from previous land claims agreements. However, it was not without opposition and Scott also outlines the opposition, including two court challenges, mounted against the agreement.

Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed.

For half a century, criminal defense lawyer Leonard Weinglass defended a who's who of the twentieth-century left in some of America's most spectacular trials. "The typical call I get is one that starts by saying, 'You're the fifth attorney we've called,'" he once said. "Then I get interested." Those calls came from the likes of the SDS, the Chicago Seven, Daniel Ellsberg, Abbie Hoffman, and Mumia Abu-Jamal, among many others.

We all know that orange is the new black and mass incarceration is the new Jim Crow, but how much do we actually know about the structure, goals, and impact of our criminal justice system' Understanding Mass Incarceration offers the first comprehensive overview of the incarceration apparatus put in place by the world's largest jailer: the United States.

When teenagers scuffle during a basketball game, they are typically benched. But when Will got into it on the court, he and his rival were sprayed in the face at close range by a chemical similar to Mace, denied a shower for twenty-four hours, and then locked in solitary confinement for a month. One in three American children will be arrested by the time they are twenty-three, and many will spend time locked inside horrific detention centers that defy everything we know about how to rehabilitate young offenders.

When Dr. John Snow first traced an outbreak of cholera to a water pump in the Soho district of London in 1854, the field of epidemiology was born. Ernest Drucker's A Plague of Prisons takes the same concepts and tools of public health that have successfully tracked epidemics of flu, tuberculosis, and AIDS to make the case that our current unprecedented level of imprisonment has become an epidemic.