White Man's Law: Native People in Nineteenth-century Canadian Jurisprudence

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University of Toronto Press, Jan 1, 1998 - Law - 434 pages

In the nineteenth century many Canadians took pride in their country's policy of liberal treatment of Indians. In this thorough reinvestigation of Canadian legal history, Sidney L. Harring sets the record straight, showing how Canada has consistently denied Aboriginal peoples even the most basic civil rights.

Drawing on scores of nineteenth-century legal cases, Harring reveals that colonial and early Canadian judges were largely ignorant of British policy concerning Indians and their lands. He also provides an account of the remarkable tenacity of First Nations in continuing their own legal traditions despite obstruction by the settler society that came to dominate them.

The recognition of 'pre-existing Aboriginal rights' in the Constitutional Act of 1982 has shown that Aboriginal legal traditions have a definite place in contemporary Canadian law. This study clearly demonstrates that Canadian Native legal culture requires further study by scholars and more serious attention by courts in rendering decisions.

 

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Contents

Colonialism and Native
16
Criminal Law
109
St Catherines
125
and Atlantic Canada
165
Canadian Law
217
Canadian Law and the Prairie Indians
239
Conclusion
273
ILLUSTRATION CREDITS
411
Copyright

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About the author (1998)

SIDNEY L. HARRING is Professor of Law at CUNY Law School, Queen's College, City University of New York. He is the author of Crow Dog's Case: American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century.

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