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

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  • Publisher:
    UBC Press, 2019
    Note: This book was purchased with support from the Government of Canada's Social Development Partnerships Program - Disability Component.

Details:

  • Author: McNeil, Kent
    Date:
    Created
    2019
    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.

    Original Publisher: [S.l.], UBC Press
    Language(s): English