Aboriginal Title

"For some years now, the Government of Canada has been engaged in attempting to resolve what have come to be known as Comprehensive Native Land Claims, through a negotiation process. There has been moderate success but much more remains to be done. The purpose of this book is to set out for the consideration of all Canadians what the government proposes as the way forward. I say all Canadians advisedly: I hope this book will be looked at by Natives and non-Natives, by northerners and southerners, by those among us who seek to conserve and by those among us who seek to develop.

"A summary of proceedings of a cultural induction course conducted by the National Native Title Tribunal on 1 to 3 December, 1994, at the Nedlands campus of the University of Western Australia. The course was primarily designed a a training exercise for the benefit of the staff and members of the National Native Tribunal, but was broadened to include representatives of the Federal Court, government, parliament, industry, and the media." -- Provided by preface

"On 16-17 June 1994, the Centre for Commercial and Resources Law of the University of Western Australia and Murdoch University brought together some of Australia's leading legal practitioners, academics, and federal and state policy makers to review the legislative responses to the Mabo decision and address other issues raised by that case. Of critical importance are ongoing High Court challenges to the Commonwealth legislation by the State of Western Australia and by Aboriginal groups contesting the constitutionality of the Western Australian legislation.

"This work brings together a collection of essays on the Mabo decisions. The essays presented here reflect a wide range of viewpoints and combine to provide a work that makes a significant contribution to the debate surrounding this important decision.

Included in the work are essays originally published in the Sydney Law Review in its special symposium issue of June 1993, and the Australian Mining and Petroleum Law Association Bulletin. An additional article by Barbara Hocking, commenting on recent developments, is also included." -Provided by Publisher

“The legal case Delgamuukw v. The Queen represents a significant moment in the history of British Columbia. The case is about aboriginal title in the province, specifically the claim of the Gitksan and Wet’suwet’en people to ownership and jurisdiction over their traditional territories. But it is about much more. The judgement, the case which led to it, and, now, the appeal of the judgement, compel British Columbia’s to come face-to-face with their history, their origins, and their most fundamental social and cultural values.

"This book focuses on the extensive commercial implications of Mabo, Wik and the 1997 native title legislation.

"Native title in Australia contains papers on the conflict between Commonwealth and State native title legislation and on the validity of the state acts, especially the Western Australian Land (Title and Traditional Usage) Act. The book also discusses the implications of the various acts for Aboriginal people and industry, with regional agreements seen as future solution." -- Provided by publisher

"More than a decade has passed since the High Court's decision in Mabo, and this book remains a key mechanism for distinguishing between fact & myth among the claims & counter-claims which bedevil Australia's native title debate. It provides an accurate, accessible, and unbiased account of what the judges and the Acts of Parliament have actually said about native title, what it means, and what problems are likely to arise.

"Papers examine discrete and contemporary issues in native title law; highlights difficulties in competing Indigenous and non Indigenous interests; shortfall in common law solutions; papers annotated separately." -- Provided by publisher

"In the early 1970s, many questioned whether Aboriginal title existed in Canada and rejected the notion that Aboriginal peoples should have rights different from those of other citizens. But in 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law.