An overview of aboriginal and treaty rights and compensation for their breach (Book, 2001) []
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An overview of aboriginal and treaty rights and compensation for their breach

An overview of aboriginal and treaty rights and compensation for their breach

Author: Robert Mainville
Publisher: Saskatoon, Sask. : Purich Pub., ©2001
Series: Purich's Aboriginal issues series
Edition/Format:   Print book : EnglishView all editions and formats

Mainville provides clear and practical principles for addressing the breach of Aboriginal and treaty rights and determining appropriate compensation.


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Genre/Form: Treaties
Document Type: Book
All Authors / Contributors: Robert Mainville
ISBN: 1895830176 9781895830170
OCLC Number: 475585821
Description: xxiv, 166 s. ; 23 cm
Contents: IntroductionPart I: Defining Aboriginal and Treaty Rights1. Aboriginal Rights at Common LawThe Marshall DecisionsHistorical Case Law|Contemporary Case LawThe Constitution Act, 1982The Identification and Content of Aboriginal RightsContent of Aboriginal Title2. Treaty RightsForms of Treaties and the Capacity to Enter into TreatiesThe Nature of Treaty RightsThe Interpretation of TreatiesThe Effect of Treaties3. The Fiduciary Relationship Between Aboriginal Peoples and the CrownJudicially Enforceable Duties and ObligationsTreaties and the Fiduciary RelationshipThe Fiduciary Relationship and the Provincial Crown4. Federal Common Law and Aboriginal and Treaty RightsFederal Common LawConstitutional Division of Powers5. Legal Principles Governing the Infringement of Aboriginal and Treaty RightsExtinguishment of Aboriginal and Treaty RightsInfringement of Aboriginal and Treaty RightsInfringement and Justification TestsPrincipal Factors in the Justification TestPart II: Principles of Compensation6. A Review of Compensation in Cases of Expropriation Unrelated to Aboriginal and Treaty RightsMarket ValuePotential Value and Special AdaptabilityIntrinsic Value and Equivalent ReinstatementConsequential Impacts and Injurious Affection7. The Experience in the United StatesRecognized Aboriginal IssuesThe Plenary Power of CongressFiduciary ObligationsAdequate Compensation8. A Proposal for Principles of CompensationNotesIndex
Series Title: Purich's Aboriginal issues series
Responsibility: Robert Mainville


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