Native Liberty, Crown Sovereignty: The Existing Aboriginal Right of Self-Government in Canada 9780773562547

It is generally assumed in Canada that native liberty and crown sovereignty are antagonistic and mutually exclusive forc

152 68 14MB

English Pages 288 [286] Year 1990

Report DMCA / Copyright

DOWNLOAD FILE

Native Liberty, Crown Sovereignty: The Existing Aboriginal Right of Self-Government in Canada
 9780773562547

Table of contents :
Contents
Table of Legislation
Table of Cases
Acknowledgments
Preface
INTRODUCTION
1 COMMON LAW OF SELF-GOVERNMENT
Domestic Common Law
Constitutional Common Law
2 THE PREROGATIVE LEGISLATION
Subordination and Delegation Principles
Royal Commissions, Instructions, and the Proclamation of 1763
3 CONTINUITY
Non-Repeal of the Prerogative Legislation
Positive Re-enactment: The Indian Territories Statutes
4 DISCONTINUITY: THE ANTI-THESIS
The Crimes and Offences Exception
Responsible Government, and Enclaves
5 LAW REFORM AND THE NEGOTIATION PROCESS
CONCLUSION
Appendix: Constitutional Milestones
Bibliography
Index
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
Y

Polecaj historie