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This truly international book brings together authors from different regions of the world including North America, South Africa, Europe, Iran and Russia all of whom are concerned with aspects of the challenges involved in the expansion of higher education, both in student numbers and areas of study. Some are concerned about the loss of guiding principles which steered university education for centuries. The traditional purposes of higher education have come under such pressure that we have achieved "conflicting models of the university" (Claes) and "ambiguity" in regard to teaching and research (Simons et al). For others, the problems are at a different stage. Contributions from South Africa...
This book is a compendium of emergent global Human Rights Scholarship offering current ruminations on justice, indigeneity, gender, security, and human rights. This edited collection examines Access to Justice, Allyship and Equality, Human Rights and Social Justice, the Rights of Indigenous People, Indigenous Rights and the University, Transgender Healthcare, Femicide, Women Workers, Extremism and Misogyny, Human Rights and Aging, cyberwarfare, climate change.
Looking Back and Living Forward: Indigenous Research Rising Up brings together research from a diverse group of scholars from a variety of disciplines. The work shared in this book is done by and with Indigenous peoples, from across Canada and around the world. Together, the collaborators’ voices resonate with urgency and insights towards resistance and resurgence. The various chapters address historical legacies, environmental concerns, community needs, wisdom teachings, legal issues, personal journeys, educational implications, and more. In these offerings, the contributors share the findings from their literature surveys, document analyses, community-based projects, self-studies, and work with knowledge keepers and elders. The scholarship draws on the teachings of the past, experiences of the present, and will undoubtedly inform research to come.
Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.
In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.
Presents the first comprehensive study of Indigenous perspectives on genetic resources, traditional knowledge, and access and benefit sharing in Canada. This book is also available as Open Access.
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional herit...
The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. Volume 11 of Law & Anthropology includes eight studies that discuss various forms in which the rights of indigenous people are violated. Topics include: the emergence of indigenous law in Chile as an example of legal pluralism; the impact of Peruvian national legislation on indigenous peoples; and the fishing dispute in Atlantic Canada following the decision of the Supreme Court of Canada acknowledging that the aboriginal right to fish was never extinguished.
Aboriginal Justice and the Charter explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, seeking practical ways to implement Aboriginal justice. David Milward examines nine legal rights guaranteed by the Charter and undertakes a thorough search for interpretations sensitive to Aboriginal culture. Much of the previous literature in this area has dealt with idealized notions of what Aboriginal justice might be. Here, David Milward strikes out into new territory to examine why Indigenous communities seek to explore different paths in this area, and to identify some of the applicable constitutional constraints. This book considers a number of specific areas of the criminal justice process in which Indigenous communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. Milward grapples with the difficult questions of how Aboriginal justice systems can be fair to its constituents while complying with the protections guaranteed all Canadians by the Charter.