1
21
9
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Canadian Legal Systems
Subject
The topic of the resource
Canada, law, legal systems, common law, civil law, aboriginal legal systems, oral traditions
Description
An account of the resource
This section examines the legal systems that exist in Canada with a particular view to exploring the intersection of these systems with Canadian senses of identity.
Canada has three primary legal traditions: indigenous law, civil law, and common law. Indigenous law is a legal system based on the values of indigenous persons and includes the use of oral traditions in a central way. Common law is a legal system which derives law from judicial precedent. Civil law, in contrast, adjudicates civil matters and is based solely on codified statute.
In this section, we emphasize the interactions and conflicts among Canadian legal systems, as well as the result of said conflict in the justice system. Finally, we examine recommendations to improve congruence among the systems especially vis-à-vis indigenous law.
Creator
An entity primarily responsible for making the resource
Samantha Davis
Xavier Monaghan
Xhesika Resuli
Dr. Theresa Miedema, ed.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-2017
Language
A language of the resource
English
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Canada
Hyperlink
A link, or reference, to another resource on the Internet.
URL
<a href="http://www.justice.gc.ca/eng/csj-sjc/just/03.html" target="_blank">http://www.justice.gc.ca/eng/csj-sjc/just/03.html</a>
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Web page: "Where our legal system comes from"
Subject
The topic of the resource
Canada
legal system
civil law
common law
Description
An account of the resource
This web page provides background information about the common law tradition, the civil law tradition, Aboriginal treaty rights, how Parliament makes laws, and the nature of regulations.
Creator
An entity primarily responsible for making the resource
Government of Canada
Department of Justice, Canada
Source
A related resource from which the described resource is derived
Canada, Department of Justice, "Where our legal system comes from" (web page, online): <a href="http://www.justice.gc.ca/eng/csj-sjc/just/03.html" target="_blank">http://www.justice.gc.ca/eng/csj-sjc/just/03.html</a>
Publisher
An entity responsible for making the resource available
Canada, Department of Justice
Date
A point or period of time associated with an event in the lifecycle of the resource
Dec. 15, 2016
Rights
Information about rights held in and over the resource
(c) Government of Canada
Credit: Canada, Department of Justice
Relation
A related resource
Canada, Department of Justice, online: <a href="http://www.justice.gc.ca/" target="_blank">http://www.justice.gc.ca/</a>
Format
The file format, physical medium, or dimensions of the resource
Hyperlink
Language
A language of the resource
English
Type
The nature or genre of the resource
Webpage
Hyperlink
canada
civil law
common law
legal systems
-
https://exhibits.library.utoronto.ca/files/original/52735aa8c9b7ff29318e0f7cce8b3654.pdf
6225f95021b37dbb3d834dfc809d0c5e
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Canadian Legal Systems
Subject
The topic of the resource
Canada, law, legal systems, common law, civil law, aboriginal legal systems, oral traditions
Description
An account of the resource
This section examines the legal systems that exist in Canada with a particular view to exploring the intersection of these systems with Canadian senses of identity.
Canada has three primary legal traditions: indigenous law, civil law, and common law. Indigenous law is a legal system based on the values of indigenous persons and includes the use of oral traditions in a central way. Common law is a legal system which derives law from judicial precedent. Civil law, in contrast, adjudicates civil matters and is based solely on codified statute.
In this section, we emphasize the interactions and conflicts among Canadian legal systems, as well as the result of said conflict in the justice system. Finally, we examine recommendations to improve congruence among the systems especially vis-à-vis indigenous law.
Creator
An entity primarily responsible for making the resource
Samantha Davis
Xavier Monaghan
Xhesika Resuli
Dr. Theresa Miedema, ed.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-2017
Language
A language of the resource
English
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Canada
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Thinking About Indigenous Legal Orders
Subject
The topic of the resource
Canada
Indigenous legal order
legal systems
First Nations
Description
An account of the resource
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
An entity primarily responsible for making the resource
Val Napoleon
Source
A related resource from which the described resource is derived
National Centre for First Nations Governance
Publisher
An entity responsible for making the resource available
National Centre for First Nations Governance, online: http://fngovernance.org/ncfng_research/val_napoleon.pdf
Date
A point or period of time associated with an event in the lifecycle of the resource
2007
Rights
Information about rights held in and over the resource
(c) Val Napoleon
National Centre for First Nations Governance
Relation
A related resource
National Centre for First Nations Governance website: <a href="http://fngovernance.org/" target="_blank">http://fngovernance.org/</a>
Format
The file format, physical medium, or dimensions of the resource
document file/PDF
Language
A language of the resource
English
Type
The nature or genre of the resource
Text
Aboriginal law
Aboriginal legal tradittions
canada
First Nations
legal order
legal systems
-
https://exhibits.library.utoronto.ca/files/original/e8f1046b6b74efdb99da546a91529c0c.jpg
ceb80125476e0b35bed23dd85a912745
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Canadian Legal Systems
Subject
The topic of the resource
Canada, law, legal systems, common law, civil law, aboriginal legal systems, oral traditions
Description
An account of the resource
This section examines the legal systems that exist in Canada with a particular view to exploring the intersection of these systems with Canadian senses of identity.
Canada has three primary legal traditions: indigenous law, civil law, and common law. Indigenous law is a legal system based on the values of indigenous persons and includes the use of oral traditions in a central way. Common law is a legal system which derives law from judicial precedent. Civil law, in contrast, adjudicates civil matters and is based solely on codified statute.
In this section, we emphasize the interactions and conflicts among Canadian legal systems, as well as the result of said conflict in the justice system. Finally, we examine recommendations to improve congruence among the systems especially vis-à-vis indigenous law.
Creator
An entity primarily responsible for making the resource
Samantha Davis
Xavier Monaghan
Xhesika Resuli
Dr. Theresa Miedema, ed.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-2017
Language
A language of the resource
English
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Canada
Still Image
A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
Photograph
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Team photo: Tsilhqot’in Nation v. British Columbia
Subject
The topic of the resource
Canada
Aboriginal law
property
Constitutional law
property law
Aboriginal legal traditions
common law
Tsilhqot’in Nation v. British Columbia
Description
An account of the resource
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).
Creator
An entity primarily responsible for making the resource
Thompson Rivers University
Source
A related resource from which the described resource is derived
Thompson Rivers University
Flikr
Publisher
An entity responsible for making the resource available
Thompson Rivers University
Flikr: <a href="https://www.flickr.com/photos/thompsonrivers/14328769100/in/photolist-pVPdnb-rjoGnm-oN8zjY-pxTKqH-p4P5ZV-paxwAz-nQbFR7-pvycts-nVDfEC-pN5nc3/" target="_blank">https://www.flickr.com/photos/thompsonrivers/14328769100/in/photolist-pVPdnb-rjoGnm-oN8zjY-pxTKqH-p4P5ZV-paxwAz-nQbFR7-pvycts-nVDfEC-pN5nc3/</a>
Date
A point or period of time associated with an event in the lifecycle of the resource
November 7, 2013
Rights
Information about rights held in and over the resource
CC BY-NC-SA 2.0 Thompson Rivers University
Relation
A related resource
Tsilhqot’in Nation v. British Columbia, 2014 SCC 44,
"Unprecedented Decision on Indigenous Land Rights",<em> Inside TRU</em> (June 26, 2014), online: <a href="http://inside.tru.ca/2014/06/26/unprecedented-decision-on-indigenous-land-rights/" target="_blank">http://inside.tru.ca/2014/06/26/unprecedented-decision-on-indigenous-land-rights</a>/
Format
The file format, physical medium, or dimensions of the resource
image file/jpeg
Language
A language of the resource
English
Type
The nature or genre of the resource
Still image
Photograph
Aboriginal law
Aboriginal legal tradittions
canada
common law
legal systems
property
Tsilhqot’in Nation
-
https://exhibits.library.utoronto.ca/files/original/d41ef3113ea1b449eea4ca7bc25cda21.pdf
b54baea2b1f0d8e96e754a328965d5e1
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Canadian Legal Systems
Subject
The topic of the resource
Canada, law, legal systems, common law, civil law, aboriginal legal systems, oral traditions
Description
An account of the resource
This section examines the legal systems that exist in Canada with a particular view to exploring the intersection of these systems with Canadian senses of identity.
Canada has three primary legal traditions: indigenous law, civil law, and common law. Indigenous law is a legal system based on the values of indigenous persons and includes the use of oral traditions in a central way. Common law is a legal system which derives law from judicial precedent. Civil law, in contrast, adjudicates civil matters and is based solely on codified statute.
In this section, we emphasize the interactions and conflicts among Canadian legal systems, as well as the result of said conflict in the justice system. Finally, we examine recommendations to improve congruence among the systems especially vis-à-vis indigenous law.
Creator
An entity primarily responsible for making the resource
Samantha Davis
Xavier Monaghan
Xhesika Resuli
Dr. Theresa Miedema, ed.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-2017
Language
A language of the resource
English
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Canada
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
Text
text file/PDF
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Report: Legal Dualism and Bilingual Bisystemism: Principles and Applications
Subject
The topic of the resource
Canada
legal system
Legal dualism
Bilingual Bisystemism
Description
An account of the resource
This set of FAQs seeks to clarify the concepts of legal dualism and bilingual bisystemism. <br /><br />From this report: <br /><blockquote>"Legal dualism is the explicative theory built on the coexistence of two legal systems of private law within the Canadian legal framework; bilingual bisystemism relates to the unique coexistence of the civil law and common law legal systems within Canada, and the simultaneous or concomitant presence of two official languages."</blockquote>
Creator
An entity primarily responsible for making the resource
Ms. Anne Des Ormeaux and Mr. Jean-Marie Lessard
Source
A related resource from which the described resource is derived
<a href="Dualjuradik.org" target="_blank">Dualjuradik.org</a>
Publisher
An entity responsible for making the resource available
Ms. Anne Des Ormeaux and Mr. Jean-Marie Lessard
<a href="Dualjuradik.org" target="_blank">Dualjuradik.org</a>
Date
A point or period of time associated with an event in the lifecycle of the resource
Undated
Rights
Information about rights held in and over the resource
(c) Ms. Anne Des Ormeaux and Mr. Jean-Marie Lessard
(c) <a href="Dualjuradik.org" target="_blank">Dualjuradik.org</a>
Format
The file format, physical medium, or dimensions of the resource
text file/PDF
Language
A language of the resource
English
Type
The nature or genre of the resource
Text
Relation
A related resource
Canada, Department of Justice, "Frequently Asked Questions: Legal Dualism and Bilingual Bisystemism", <a href="http://www.justice.gc.ca/eng/csj-sjc/dualism-dualisme/faq.html" target="_blank">online: http://www.justice.gc.ca/eng/csj-sjc/dualism-dualisme/faq.html</a>
bijuralism
Bilingual Bisystemism
canada
Legal Dualism
legal systems
Official Languages
-
https://exhibits.library.utoronto.ca/files/original/de6db2c9392f49b86c551c9c796336bc.pdf
c5e9d41217fa235fbc33bb52593bad0e
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Canadian Legal Systems
Subject
The topic of the resource
Canada, law, legal systems, common law, civil law, aboriginal legal systems, oral traditions
Description
An account of the resource
This section examines the legal systems that exist in Canada with a particular view to exploring the intersection of these systems with Canadian senses of identity.
Canada has three primary legal traditions: indigenous law, civil law, and common law. Indigenous law is a legal system based on the values of indigenous persons and includes the use of oral traditions in a central way. Common law is a legal system which derives law from judicial precedent. Civil law, in contrast, adjudicates civil matters and is based solely on codified statute.
In this section, we emphasize the interactions and conflicts among Canadian legal systems, as well as the result of said conflict in the justice system. Finally, we examine recommendations to improve congruence among the systems especially vis-à-vis indigenous law.
Creator
An entity primarily responsible for making the resource
Samantha Davis
Xavier Monaghan
Xhesika Resuli
Dr. Theresa Miedema, ed.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-2017
Language
A language of the resource
English
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Canada
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Information brochure: TTC Justice Council & Peacemaker Court
Subject
The topic of the resource
Canada
Legal systems
legal order
Teslin Tlingit Justice Council and Peacemaker Court
Indigenous Peoples
Description
An account of the resource
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
An entity primarily responsible for making the resource
Teslin Tlingit Justice Council
Government of the Teslin Tlingit Council
Source
A related resource from which the described resource is derived
Teslin Tlingit Justice Council
Government of the Teslin Tlingit Council
Publisher
An entity responsible for making the resource available
Government of the Teslin Tlingit Council
Date
A point or period of time associated with an event in the lifecycle of the resource
December 2015
Rights
Information about rights held in and over the resource
(c) Government of the Teslin Tlingit Council
(C) Teslin Tlingit Justice Council
Relation
A related resource
Department of Justice of the Teslin Tlingit Council website: www.ttc-teslin.com/justice-home.html
Format
The file format, physical medium, or dimensions of the resource
document file/pdf
Language
A language of the resource
English
Type
The nature or genre of the resource
Text
Aboriginal law
Aboriginal legal tradittions
canada
Indigenous law
legal order
legal systems
Teslin Tlingit Council
-
https://exhibits.library.utoronto.ca/files/original/31b7b960251351bc57e61bf88eb009b9.pdf
7247eff06327b90e38480e6e6406468e
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Canadian Legal Systems
Subject
The topic of the resource
Canada, law, legal systems, common law, civil law, aboriginal legal systems, oral traditions
Description
An account of the resource
This section examines the legal systems that exist in Canada with a particular view to exploring the intersection of these systems with Canadian senses of identity.
Canada has three primary legal traditions: indigenous law, civil law, and common law. Indigenous law is a legal system based on the values of indigenous persons and includes the use of oral traditions in a central way. Common law is a legal system which derives law from judicial precedent. Civil law, in contrast, adjudicates civil matters and is based solely on codified statute.
In this section, we emphasize the interactions and conflicts among Canadian legal systems, as well as the result of said conflict in the justice system. Finally, we examine recommendations to improve congruence among the systems especially vis-à-vis indigenous law.
Creator
An entity primarily responsible for making the resource
Samantha Davis
Xavier Monaghan
Xhesika Resuli
Dr. Theresa Miedema, ed.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-2017
Language
A language of the resource
English
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Canada
Still Image
A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
text
infographic
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Infographic -- Historical Treaties and Treaty First Nations in Canada
Subject
The topic of the resource
Canada
First Nations
Treaties
Description
An account of the resource
This infographic provides information about pre-1975 treaties with First Nations in Canada.
Creator
An entity primarily responsible for making the resource
Aboriginal Affairs and Northern Development Canada
Government of Canada
Source
A related resource from which the described resource is derived
Aboriginal Affairs and Northern Development Canada website, online: <a href="http://www.aadnc-aandc.gc.ca/eng/1100100028574/1100100028578" target="_blank">http://www.aadnc-aandc.gc.ca/eng/1100100028574/1100100028578</a>
Publisher
An entity responsible for making the resource available
Aboriginal Affairs and Northern Development Canada website, online: <a href="http://www.aadnc-aandc.gc.ca/eng/1100100028574/1100100028578" target="_blank">http://www.aadnc-aandc.gc.ca/eng/1100100028574/1100100028578</a>
Date
A point or period of time associated with an event in the lifecycle of the resource
Published: 2013
Rights
Information about rights held in and over the resource
(c) Government of Canada
Relation
A related resource
For an interactive version of this infographic, see: <a href="http://www.aadnc-aandc.gc.ca/eng/1380223988016/1380224163492">http://www.aadnc-aandc.gc.ca/eng/1380223988016/1380224163492</a>
Aboriginal Affairs and Northern Development Canada website, online: <a href="http://www.aadnc-aandc.gc.ca/" target="_blank">http://www.aadnc-aandc.gc.ca/</a>
Format
The file format, physical medium, or dimensions of the resource
text file/PDF
Language
A language of the resource
English
Type
The nature or genre of the resource
Text
Infographic
Identifier
An unambiguous reference to the resource within a given context
QS #: QS-6333-000-EE-A1
Aboriginal legal traditions
canada
First Nations
Indigenous land rights
legal systems
treaties
-
https://exhibits.library.utoronto.ca/files/original/28ee18e7cc1adced0ab8b0658ef9a777.jpg
f7a2dd155911b6a013bf2db369c895ac
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Canadian Legal Systems
Subject
The topic of the resource
Canada, law, legal systems, common law, civil law, aboriginal legal systems, oral traditions
Description
An account of the resource
This section examines the legal systems that exist in Canada with a particular view to exploring the intersection of these systems with Canadian senses of identity.
Canada has three primary legal traditions: indigenous law, civil law, and common law. Indigenous law is a legal system based on the values of indigenous persons and includes the use of oral traditions in a central way. Common law is a legal system which derives law from judicial precedent. Civil law, in contrast, adjudicates civil matters and is based solely on codified statute.
In this section, we emphasize the interactions and conflicts among Canadian legal systems, as well as the result of said conflict in the justice system. Finally, we examine recommendations to improve congruence among the systems especially vis-à-vis indigenous law.
Creator
An entity primarily responsible for making the resource
Samantha Davis
Xavier Monaghan
Xhesika Resuli
Dr. Theresa Miedema, ed.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-2017
Language
A language of the resource
English
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Canada
Still Image
A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
text
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Image: Outline of the Canadian Court System
Subject
The topic of the resource
Canada
legal system
courts
Description
An account of the resource
This is an outline of the structure of the Canadian court system. It shows the hierarchy of the Canadian courts.
Creator
An entity primarily responsible for making the resource
Government of Canada, Department of Justice
Source
A related resource from which the described resource is derived
Canada, Department of Justice, "The Judicial Structure", online: <a href="http://www.justice.gc.ca/eng/csj-sjc/just/07.html" target="_blank">http://www.justice.gc.ca/eng/csj-sjc/just/07.html</a>
Publisher
An entity responsible for making the resource available
Canada, Department of Justice
Date
A point or period of time associated with an event in the lifecycle of the resource
March 10, 2017
Rights
Information about rights held in and over the resource
(c) Government of Canada
(c) Canada, Department of Justice
Relation
A related resource
Canada, Department of Justice, "The Judicial Structure", online: <a href="http://www.justice.gc.ca/eng/csj-sjc/just/07.html" target="_blank">http://www.justice.gc.ca/eng/csj-sjc/just/07.html</a>
Format
The file format, physical medium, or dimensions of the resource
image file/jpeg
Language
A language of the resource
English
Type
The nature or genre of the resource
Text
canada
courts
legal systems
-
https://exhibits.library.utoronto.ca/files/original/7eb48abd1214410228dc8afab97bbe88.jpg
d2ee2b9ecde72a7a3685800ee8a10acb
https://exhibits.library.utoronto.ca/files/original/e2badaf9063dd87f5ed33c5a589cbc83.jpg
60d86c697796dc8d5b37521ab1d3e12f
https://exhibits.library.utoronto.ca/files/original/d5e9968543fd6cf30bdc59d528654fb1.jpg
d8321129ec38de31a31e84fec1adba3d
https://exhibits.library.utoronto.ca/files/original/481eaec90e68d40419912f2789c7c131.jpg
2979330109514fead0f4591a84ac6f1f
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Canadian Legal Systems
Subject
The topic of the resource
Canada, law, legal systems, common law, civil law, aboriginal legal systems, oral traditions
Description
An account of the resource
This section examines the legal systems that exist in Canada with a particular view to exploring the intersection of these systems with Canadian senses of identity.
Canada has three primary legal traditions: indigenous law, civil law, and common law. Indigenous law is a legal system based on the values of indigenous persons and includes the use of oral traditions in a central way. Common law is a legal system which derives law from judicial precedent. Civil law, in contrast, adjudicates civil matters and is based solely on codified statute.
In this section, we emphasize the interactions and conflicts among Canadian legal systems, as well as the result of said conflict in the justice system. Finally, we examine recommendations to improve congruence among the systems especially vis-à-vis indigenous law.
Creator
An entity primarily responsible for making the resource
Samantha Davis
Xavier Monaghan
Xhesika Resuli
Dr. Theresa Miedema, ed.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-2017
Language
A language of the resource
English
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Canada
Dublin Core
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Title
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Excerpts from <em>Connolly v. Woolrich et al.</em> (1867), 17 R.J.R.Q. 75
Subject
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Canada
common law
civil law
Indigenous law
legal systems
Description
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These files contain excerpts from <em>Connolly v. Woolrich et al.</em> , an important 1867 case. This case considered the legality of a marriage between a man employed by the Hudson Bay and an indigenous woman. The wedding was not performed by a priest, but rather, in accordance with indigenous traditions. The progeny of this relationship later made claim to the man’s estate upon his death; however, the man had married once again in a recognized institution upon his retirement. His widow claimed the previous marriage was invalid and the son was entitled to nothing. Monk J. disagreed. He reasoned that we must not abrogate indigenous traditions in favour of our own without good reason; rather, we ought to consider such traditions alongside our own legal traditions. Ultimately, Monk J. went on the record to say that indigenous rights and customs mattered, to some degree, as much as those of the European settlers.
Creator
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Quebec Superior Court per Monk J
Source
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<em>Connolly v. Woolrich et al.</em> (1867), 17 R.J.R.Q. 75
Publisher
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Superior Court of Quebec
Date
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July 9, 1867
Rights
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Quebec Superior Court
Relation
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For a link to the full text of the case, see: <a href="http://documents.mx/documents/connolly-v-woolrich-1867.html" target="_blank">http://documents.mx/documents/connolly-v-woolrich-1867.html</a>
Format
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image files/jpeg
Language
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English
Type
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Text
Aboriginal legal traditions
canada
civil law
common law
Indigenous law
legal order
legal systems
-
https://exhibits.library.utoronto.ca/files/original/2a042e0fec336b0bfa6cb35556e05833.pdf
ee7b48b4bbba3f89d1394cb4115712e3
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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Race, Space, and Place
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
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Text
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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<em>Skeetchestn Indian Band and Secwepemc Aboriginal Nation v. Registrar of Land Titles, Kamloops</em>, 2000 BCCA 525
Subject
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Canada
Land title system
Indigenous land
legal systems
Legal order
Description
An account of the resource
This decision of the British Columbia Court of Appeal addressed whether a provincial land titles Registrar properly refused to attached a note of "lis pendens" (pending litigation) to the title of land slated to be developed into recreational facilities by one of the defendants in the case, Kamlands. The land in question represents traditional territory of Skeetchestn Indian Band and Secwepemc Aboriginal Nation, but was not yet subject to a treaty. The government of British Columbia sought to transfer this land to Kamlands for development. The Secwepemc Aboriginal Nation sought to restrain this transfer by attaching the lis pendens to the title. The B.C. land titles Registrar refused to attach the lis pendens, however; This decision was challenged. The BC Superior Court held that the Registrar was correct in making this refusal, and the BC Court of Appeal upheld this decision. The BC Court of Appeal held that litigation relating to a land claim is not capable of being the type of litigation that would give rise to a lis pendens. Land claims litigation occurs in the Federal Courts and are "up stream". Land claims litigation does not meet the criteria under the law of British Columbia for giving rise to a lis pendens on the certificate of indefeasible title.
Creator
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British Columbia Court of Appeal
Source
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<em>Skeetchestn Indian Band and Secwepemc Aboriginal Nation v. Registrar of Land Titles, Kamloops</em>, 2000 BCCA 525, online: <a href="http://www.courts.gov.bc.ca/jdb-txt/ca/00/05/c00-0525.htm" target="_blank">http://www.courts.gov.bc.ca/jdb-txt/ca/00/05/c00-0525.htm</a>
<span>Skeetchestn Indian Band and Secwepemc Aboriginal Nation v. Registrar of Land Titles, Kamloops, 2000 BCCA 525 (CanLII), <</span><a href="http://canlii.ca/t/1fnjx" target="_blank"><span class="documentStaticUrl">http://canlii.ca/t/1fnjx</span></a><span>>, retrieved on 2017-03-12</span>
Publisher
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British Columbia Court of Appeal
Canadian Legal Information Institute: CanLii.org
Date
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Sept. 26, 2000
Rights
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(c) British Columbia Court of Appeal
(C) Canadian Legal Information Institute
Format
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text file/pef
Language
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English
Type
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Text
canada
Indigenous land rights
Indigenous law
legal order
legal systems
Sun Peaks