]]>https://exhibits.library.utoronto.ca/items/show/2391Tsilhqot’in Nation v. British Columbia.
In Tsilhqot’in Nation v. British Columbia, the Supreme Court of Canada established Aboriginal title for the Tsilhqot’in Nation. The case blended Aboriginal principles and traditions concerning land use with the common law notion of occupation. The court held that the Tsilhqot’in people had the right to control their land according to their own wishes and that the government could not arbitrarily expropriate the land for their own use. The landmark case continues to have implications for Indigenous nations and the provinces.]]>2023-11-03T14:24:08-04:00
Title
Tsilhqot’in Nation v. British Columbia, 2014 SCC 44
Subject
Canada
Legal Systems
Aboriginal peoples
Indigenous land claims
Property law
Description
This is a hyperlink to the 2014 Supreme Court of Canada decision in Tsilhqot’in Nation v. British Columbia.
In Tsilhqot’in Nation v. British Columbia, the Supreme Court of Canada established Aboriginal title for the Tsilhqot’in Nation. The case blended Aboriginal principles and traditions concerning land use with the common law notion of occupation. The court held that the Tsilhqot’in people had the right to control their land according to their own wishes and that the government could not arbitrarily expropriate the land for their own use. The landmark case continues to have implications for Indigenous nations and the provinces.
Creator
Supreme Court of Canada
Source
Lexum
Supreme Court of Canada
Publisher
Lexum
Date
2014
Rights
(c) Supreme Court of Canada
Format
Hyperlink
Language
English
French
Type
Hyperlink
Identifier
Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, [2014] 2 S.C.R. 256
Information brochure: TTC Justice Council & Peacemaker Court
Subject
Canada
Legal systems
legal order
Teslin Tlingit Justice Council and Peacemaker Court
Indigenous Peoples
Description
This brochure provides information about the Teslin Tlingit Justice Council and Peacemaker Court. A tripartite agreement among the Teslin Tlingit Council, the Yukon government, and the Canadian government provided for the establishment of a Teslin Tlingit justice system, including the establishment and recognition of a Peacemaker Court. The Peacemaker Court has the authority to hear disputes relating to Teslin Tlingit law, in accordance with the Teslin Tlingit principles and values.
Creator
Teslin Tlingit Justice Council
Government of the Teslin Tlingit Council
Source
Teslin Tlingit Justice Council
Government of the Teslin Tlingit Council
Publisher
Government of the Teslin Tlingit Council
Date
December 2015
Rights
(c) Government of the Teslin Tlingit Council
(C) Teslin Tlingit Justice Council
Relation
Department of Justice of the Teslin Tlingit Council website: www.ttc-teslin.com/justice-home.html
Format
document file/pdf
Language
English
Type
Text
]]>https://exhibits.library.utoronto.ca/items/show/2358
Full list of names for the above photo: Chief Roger William (the representive plaintiff, centre), standing next to Chief Judy Wilson (Secwepemc) and Chief Wayne Christian (Secwepemc) and the Tsilhqot'in Legal team (David Rosenberg, Jay Nelson) and the Secwepemc, Okanagan, UBCIC legal team (Louise Mandell, Ardith Walkem and Prof. Nicole Schabus - far left in the picture).]]>2023-11-03T14:24:08-04:00
Title
Team photo: Tsilhqot’in Nation v. British Columbia
Subject
Canada
Aboriginal law
property
Constitutional law
property law
Aboriginal legal traditions
common law
Tsilhqot’in Nation v. British Columbia
Description
Photograph of the Tsilhqot’in Nation legal team involved in the Tsilhqot’in Nation v. British Columbia case at the Supreme Court of Canada.
Full list of names for the above photo: Chief Roger William (the representive plaintiff, centre), standing next to Chief Judy Wilson (Secwepemc) and Chief Wayne Christian (Secwepemc) and the Tsilhqot'in Legal team (David Rosenberg, Jay Nelson) and the Secwepemc, Okanagan, UBCIC legal team (Louise Mandell, Ardith Walkem and Prof. Nicole Schabus - far left in the picture).
In this paper, the author explores how we might understand law from an Aboriginal perspective. She makes a critical distinction between "legal systems" and "legal order". She explores the sources of law, the kinds of law, legal reasoning, and the idea of legitimacy. She also probes the questions of where Indigenous laws are written and the geographic/territorial dimension to the law. She further considers issues related to gender and power.
Creator
Val Napoleon
Source
National Centre for First Nations Governance
Publisher
National Centre for First Nations Governance, online: http://fngovernance.org/ncfng_research/val_napoleon.pdf