Aboriginal Title

"Relying extensively on the court transcripts from Delgam’Uukw v. British Columbia, her own research, and material provided by the Gitxsan Hereditary Chiefs’ office, Dawn Mills paints a compelling picture of the Gitxsan relationship to the land and their community, and their court battle all the way to Canada’s Supreme Court to prove their Aboriginal right to land and self-government.

"One of Canada's longest unresolved issues is the historical and present-day failure of the country's governments to recognize treaties made between Aboriginal peoples and the Crown. Compact, Contract, Covenant is renowned historian of Native-newcomer relations J.R. Miller's exploration and explanation of more than four centuries of treaty-making.

"Dialogue about Land Justice comprises a selection of papers presented to the national Native Title Conference, among them, Australia’s leading thinkers, senior jurists and Indigenous leaders. Dialogue about Land Justice encapsulates the key issues that have been at the forefront of discussions about native title for a decade. The papers clearly place native title within a broader discussion of land justice and the place of Indigenous peoples in relation to the Australian political and legal framework.

"Native title has dramatically altered the law and public policy in Australia. It has had a fundamental impact on social relations between Indigenous and non-Indigenous Australians and the courts have played a central role in its development, and continue to do so. Compromised Jurisprudence established itself as a well-priced and accessible introduction to the subject of native title. This revised edition is the most up-to-date book on the subject.

"Delgamuukw. Mabo. Ngati Apa. These cases and others have in recent years created a framework for litigating Aboriginal title in countries such as Canada, Australia, and New Zealand. The contributors to this path-breaking book argue that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British settler colonies in a comparative and multidisciplinary framework.

"Over 60% of mining in Australia takes place next to land owned by Indigenous Australians. This land is situated in remote areas of Australia and the majority is held under traditional forms of ownership such as native title. The traditional owners of this land are now required to interact with the market economy and particularly mining interests. This context formed the impetus for this book which evaluates existing income tax regimes for mining payments made under the Native Title Act and the Aboriginal Land Rights Act." -- Provided by Publisher

"Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention.

"This book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results.

"Fragile Settlements compares the processes through which colonial authority was asserted over Indigenous people in southwest Australia and prairie Canada from the 1830s to the early twentieth century. At the start of this period, there was an explosion of settler migration across the British Empire. As a humanitarian response led to the unprecedented demand for land, Britain's Colonial Office moved to protect Indigenous peoples by making them subjects under British law.