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| EST. READ TIME 1 MIN.Beyond the Nass Valley
About 10,000 years ago, humans started to walk cross the Bering Strait, pushing southward to populate the Americas. On December 11, 1997, the Supreme Court of Canada released its judgment in the case, Delgamuukw vs. British Columbia, defining the rights of those Aboriginal people vis-à-vis later arrivals who came by ship from another direction. The majority decision was written by Chief Justice Antonio Lamer, who retired two years later. Four judges concurred with him; two added their own finer points. Beyond the Art Deco marble walls of the courthouse, the media and public reaction at the time reflected no obvious consensus. Responses ranged from jubilant vindication to apocalyptic warnings. One might have expected as much, given the immense scope of Lamer's decision. At its core, the Delgamuukw decision judges what our long past shall now mean as Canadians decide upon serious issues of the ownership and use of land, economic development, governance and social relations-issues that will affect every Canadian, in every corner of the country.
The national significance of Delgamuukw case prompted the Fraser Institute to hold two conferences on the issue, the first in Vancouver in July 1998 and a second and larger one in Ottawa in April 1999. This book contains the papers and proceedings of those two events.
- Table of Contents
- Introduction
- Article - The Nature of Aboriginal Title
- Article - Probable Effects: Practical Construction of New Legislation
- Article - Aboriginal Title as a Constitutionally Protected Property Right
- Article - Solution or Problem?
- Article - Converting the Communal Aboriginal Interest into Private Property
- Article - What My Elders Taught Me
- Article - An Overview of Treaty Negotiiations before and after Delgamuukw
- Article - Delgamuukw and Dimplomacy
- Article - Community, Resource Rents and Tenure
- Article - Land Claim Settlements
- Article - Effect upon Alberta Land Claims
- Article - Interpretation of the Prairie Treaties
- Will Delgamuukw Eclipse the Prairie Sun?
- Article - Take Your Time and Do It Right
- Article - The Spirit of Delgamuukw and Aboriginal Oral Traditions in Ontario
- Article - An Invaluable Lever for Quebec's Aboriginal Communities
- Article - National Implications and Potential Effects in Quebec
- Article - Impact of Delgamuukw Guidelines in Atlantic Canada
- Article - Impact in Newfoundland and Labrador
- Article - Rights and Wrongs
- Article - Costs and Coase
- Article - Questions of Compensation
- Article - Compensation after Delgamuukw
- Article - Potential Impact on Forestry
- Article - Potential Impact on Mining
- Article - The Public Opinion Landscape
- Article - Fundamental Principles of Treaty Making
- Article - The Road Ahead
- Article - A Conversation after Dinner
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Owen Lippert
Owen Lippert is a former Senior Fellow and former Director of the Law and Markets Project at the Fraser Institute.He writes and researches on intellectual property, aboriginal, legal and trade issues. Previously, he served as a policy advisor to the federal Minister of Science, the Attorney General of Canada and to the Premier of British Columbia. He holds a Ph.D. in European History from the University of Notre Dame, Indiana and a B.A. from Carleton College, Minnesota. He has most recently edited and contributed to Competitive Strategies for Intellectual Property Protection (Fraser Institute, February 2000). His articles have appeared in the Wall Street Journal , National Post , Globe and Mail and many regional papers in Canada and the United States. He writes the Law and Economics column for Canadian Lawyer magazine.… Read more Read Less…
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