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  E-mail Message: I thought you might be interested in this item at http://www.worldcat.org/oclc/1090812669 Title: Flawed precedent : the St. Catherine's case and Aboriginal title Author: Kent McNeil Publisher: Vancouver ; Toronto : UBC Press, 2019. ISBN/ISSN: 077486107X 9780774861083 0774861088 9780774861090 0774861096 9780774861076 OCLC:1090812669

  
  

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Flawed precedent : the St. Catherine's case and Aboriginal title

Author:	Kent McNeil
Publisher:	Vancouver ; Toronto : UBC Press, 2019.
Series:	Landmark cases in Canadian law.
Edition/Format:	eBook : Document : EnglishView all editions and formats
Summary:	"In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine's Milling and Lumber Company v. The Queen, a case involving the Saulteaux people's land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine's had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot'in, and in other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than the discarded prejudicial assumptions of a bygone era."--  Read more...
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Subjects	St. Catharine's Milling and Lumber Company -- Trials, litigation, etc. Ojibwa Indians -- Ontario -- Claims -- Cases. Ojibwa Indians -- Land tenure -- Ontario -- Cases. View all subjects
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