The second video in the “Land Governance” series highlights the current crisis in land management in Canada, which has sparked, among other initiatives, the Indigenous-led Land Back movement. It explores what happens when two systems of law and governance come head-to-head, on land, and about land, highlighting the move toward activism and the need for […]
The post Land Governance: Present first appeared on Dissident Voice.
The first video in the “Land Governance” series examines the historical context of Indigenous Peoples’ dispossession from the lands that sustain them within Canada, and identifies the legal and policy landscape that created the conditions for today’s environmental and social crises. It explores the need to build on the rights and responsibilities of Indigenous Peoples, […]
The post Land Governance: Past first appeared on Dissident Voice.
1. Abstract The Indian part of the Royal Proclamation of 1763 (Revised Statutes Canada 1985, Appendix II, No. 1) consolidates previously established British North American common law. For constitutional law purposes, the proclamation recognizes and affirms two territorial jurisdictions, pursuant to the British Crown’s claim of continental sovereignty. First, is the continuity of the territorial jurisdiction of the “several Nations or Tribes.” Under the proclamation, all land presumptively is occupied and claimed by them.
Section 91(24) of the Canadian Constitution Act, 1867, allots to the federal level of government the trust of “Protection” confirmed by King George the Third in the Royal Proclamation of 1763:
The Regina Leader Post on July 3, 2014, published an article under the headline “African Leaders Award Themselves Immunity from Court of Justice”:
