On Being Here to Stay: Treaties and Aboriginal Rights in Canada

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University of Toronto Press, 2014 - 217 pages
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What, other than numbers and power, justifies Canada's assertion of sovereignty and jurisdiction over the country's vast territory? Why should Canada's original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation.

Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. InOn Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers.

Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.

 

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Table des matières

1 Overview
3
2 Aboriginal Rights and the Canadian Constitution
10
3 Aboriginal Rights and Temporal Priority
34
4 Aboriginal Rights and SelfDetermination
59
5 Treaty Relations
73
6 Treaties and Coexistence
100
7 Treaties and Sharing
116
8 Spirit and Intent
134
9 Setting the Record Straight
152
Proportionality
167
Treaty Map
171
Notes
173
References
191
Cases Cited
203
Index
205
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À propos de l'auteur (2014)

Michael Asch is a professor emeritus in the Department of Anthropology at the University of Alberta and a professor (limited term) in the Department of Anthropology and adjunct professor in the Department of Political Science at the University of Victoria.

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