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  2. Flawed Precedent : The St. Catherine's Case and Aboriginal Title

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

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    • http://ubcpress.ca/images/books/native/9780774861076
    Author: McNeil, Kent
    Summary:

    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.

    Genre: Canadian nonfiction, Indigenous materials, Law materials
    Original Publisher: [S.l.] , UBC Press
    Language(s): English

Details

Abstract

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.

Genre
Canadian nonfiction
Indigenous materials
Law materials
Publisher (Source)

[S.l.]

UBC Press

Not specified

Record

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