Extinguishment and the rights of Aboriginal peoples : problems and alternatives / Paul Joffe and Mary Ellen Turpel.: Z1-1991/1-41-139E-PDF
“The overall purpose of the study is to explore in-depth the issue of "extinguishment", as applied to Aboriginal peoples, from its first manifestations to present day applications. This would include an appreciation of the impact of land dispossessions and other ancillary matters that most often accompany any purported extinguishment of the rights of Aboriginal peoples. Another essential objective of this study is to recommend new approaches that would jettison prior extinguishment policies and practices. As this study suggests, any new policy orientations must be consistent with Aboriginal law and values, as well as relevant Canadian constitutional law, international law and human rights norms. The study concludes that extinguishment processes undermine the future of Aboriginal peoples as distinct peoples and societies against their beliefs and aspirations"--Executive summary.
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| Department/Agency | Canada. Privy Council Office. Canada. Royal Commission on Aboriginal Peoples. |
|---|---|
| Title | Extinguishment and the rights of Aboriginal peoples : problems and alternatives / Paul Joffe and Mary Ellen Turpel. |
| Publication type | Monograph |
| Language | [English] |
| Format | Electronic |
| Electronic document | |
| Note(s) | Historical publication digitized by the Privy Council Office of Canada. Imperfect: p. [1-2] of cover and p. [3] of executive summary are out of order in this digitized edition. Cover title. "A study prepared for the Royal Commission on Aboriginal Peoples." "June 1995." Includes bibliographical references. 1. Notions of "extinguishment" -- 2. The Royal Proclamation of 1763 -- 3. Government extinguishment policies of the Métis -- 4. Contending sovereignties-- 5. Theories of dispossession linked to extinguishment -- 6. Capacity to extinguish Aboriginal rights -- 7. Extinguishment of rights of Aboriginal third parties -- 8. Compatibility of extinguishment with human rights and other norms -- 9. Grounds for reconsidering extinguishment -- 10. New and equitable approaches -- 11. Case study I: James Bay and Northern Québec Agreement. |
| Publishing information | [Ottawa] : Royal Commission on Aboriginal Peoples, [1995] |
| Author / Contributor | Joffe, Paul. Turpel, Mary Ellen,1963- |
| Description | 3 v. (iv, 644 p.) |
| Catalogue number |
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| Subject terms | Commissions of inquiry Aboriginal rights Land claims Agreements |
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