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Aboriginal Law: Commentary and Analysis
Author: Thomas Isaac
Format: Paperback
, 2012
  • Thomas Isaac highlights the most important aspects of Canadian law as it impacts on Aboriginal peoples and their relationship with the wider Canadian society. While covering important issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles in dealing with Aboriginal peoples, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. In discussing the Crown’s duty to consult the author canvasses when and to whom the duty applies. He also highlights the role of governments in reconciling Aboriginal interests with the needs of Canadian society as a whole. The Supreme Court of Canada is clear that the objective of achieving reconciliation lies primarily with governments.

    This is a law book, but it is designed for use by anyone needing to understand Aboriginal legal issues and is presented in a neutral way. All major Canadian cases dealing with Aboriginal law are discussed and analyzed in this volume. The author looks at the broad picture of trends that are developing in the law and the background to such trends. This edition of Aboriginal Law does not contain case or legislative excerpts, all of which are readily available on the internet.

$60.00

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Bad Judgment: The Myths of First Nations Equality and Judicial Independence in Canada
Author: John Reilly
Format: Paperback
, 2014
  • Judge John Reilly, now retired, was the youngest judge ever appointed to the Provincial Court of Alberta. For most of his 33 years on the bench he was the circuit judge for the Stoney Indian Reserve at Morley, Alberta.

    During his career he became interested in aboriginal justice and saw the failure of the “white” legal system to do justice for aboriginal people, the harm caused to them by Canadian colonialism, and the failure of all levels of government, including tribal government, to alleviate their suffering and deal with the conflicting natures of European-style law and Indigenous tradition and circumstance.

    As a result of these realizations, Judge Reilly vowed to improve the delivery of justice to the aboriginal people in his community and used his perceived power as a jurist to make changes to improve the lives of the people in his jurisdiction. Along the way, he came into direct conflict with Canadian judicial administration and various questionable leaders among the echelons of both Canadian and First Nation governments.

    John Reilly’s first book, Bad Medicine: A Judge’s Struggle for Justice in a First Nations Community, was a Canadian bestseller that sparked controversy and elicited praise nationwide for his honest portrayal of First Nations tribal corruption. Bad Judgment details Reilly’s battle with the Canadian justice system and the difficulties he faced trying to adapt Eurocentric Canadian law for the benefit of First Nations people across the country.

$25.00

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Bad Medicine: A Judge's Struggle for Justice in a First Nations Community
Author: John Reilly
Format: Paperback
, 2010
  • Early in his career, Judge John Reilly did everything by the book. His jurisdiction included a First Nations community plagued by suicide, addiction, poverty, violence and corruption. He steadily handed out prison sentences with little regard for long-term consequences and even less knowledge as to why crime was so rampant on the reserve in the first place.

    In an unprecedented move that pitted him against his superiors, the legal system he was part of, and one of Canada's best-known Indian chiefs, the Reverend Dr. Chief John Snow, Judge Reilly ordered an investigation into the tragic and corrupt conditions on the reserve. A flurry of media attention ensued. Some labelled him a racist; others thought he should be removed from his post, claiming he had lost his objectivity. But many on the Stoney Reserve hailed him a hero as he attempted to uncover the dark challenges and difficult history many First Nations communities face.

    At a time when government is proposing new tough on crime legislation, Judge Reilly provides an enlightening and timely perspective. He shows us why harsher punishments for offenders don't necessarily make our societies safer, why the white justice system is failing First Nations communities, why jail time is not the cure-all answer some think it to be, and how corruption continues to plague tribal leadership.

$22.95

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Dark Legacy
Format: Paperback
, 2010
  • Dark Legacy takes a close and critical look at the historical and societal events that decided the fate of Canada's missing Native women. This book documents the bleak life stories of Aboriginal women whose bodies were found at the Pickton farm, and in the back alleys of Edmonton and Winnipeg. Examples of unfair treatment from Canada's judicial system, and the indifferent, often hostile attitude of the police and how it affected not only native women but also native men. Dudley George came to a violent end at the hands of the OPP; Neil Stonechild was left to freeze to death by the Regina Police and Frank Paul's death was the result of Vancouver Police negligence.

    Dark Legacy is a controversial book that is long overdue, it will set the record straight concerning the volatile relationship between First Nations, the Canadian government and police forces across the land. Changes cannot be implemented until the history of Aboriginal people is understood, only then can the injustices of the past be replaced by a new governmental and judiciary attitude that will stamp out racism and set a new platform for Aboriginal justice.

$19.95

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First Nations Cultural Heritage and Law: Case Studies, Voices, and Perspectives
Format: Paperback
, 2008
  • Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment.

    First Nations Cultural Heritage and Law is the first of two interdisciplinary volumes exploring First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in plain language and in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research. It will be of interest to indigenous communities and their leaders, museum personnel and other cultural heritage professionals, academics and students, government policy workers, treaty negotiators, lawyers, and others interested in First Nations cultural heritage.

    Although the volume draws on specific First Nation experiences, it covers a wide range of topics of concern to Inuit, Metis, and other indigenous peoples. Beyond this audience, it will be of interest to cultural heritage professionals; academics and students; government workers; treaty negotiators; lawyers; and others who work with or are interested in First Nations cultural heritage.

$34.95

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For Future Generations: Reconciling Gitxsan and Canadian Law
Author: Dawn Mills
Format: Paperback
, 2008
  • Relying extensively on the court transcripts from Delgam’Uukw v. British Columbia, her own research, and material provided by the Gitxsan Hereditary Chiefs’ office, Dawn Mills paints a compelling picture of the Gitxsan relationship to the land and their community, and their court battle all the way to Canada’s Supreme Court to prove their Aboriginal right to land and self-government. Contrary to the position taken by many legal scholars, Mills argues that the trial judgment in the Delgam’Uukw decision opened up new opportunities for First Nations people to present evidence based on oral traditions that had not been previously accepted by the courts.

    While the book focuses on the judgments rendered in the Gitxsan’s struggle in the courts and an analysis of the judgments and strategies utilized, it is more than a law book. Written to appeal to a wide audience, Dawn Mills passionately shows how reconciliation can be achieved between Canada’s First Nations and the various levels of government. The lessons to be learned from this book can be applied equally to all Indigenous communities in Canada and elsewhere.

$32.00

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From the Iron House: Imprisonment in First Nations Writing
Author: Deena Rymhs
Format: Hardcover
, 2008
  • In From the Iron House: Imprisonment in First Nations Writing, Deena Rymhs identifies continuities between the residential school and the prison, offering ways of reading “the carceral”—that is, the different ways that incarceration is constituted and articulated in contemporary Aboriginal literature. Addressing the work of writers like Tomson Highway and Basil Johnston along with that of lesser-known authors writing in prison serials and underground publications, this book emphasizes the literary and political strategies these authors use to resist the containment of their institutions.

    The first part of the book considers a diverse sample of writing from prison serials, prisoners’ anthologies, and individual autobiographies, including Stolen Life by Rudy Wiebe and Yvonne Johnson, to show how these works serve as second hearings for their authors—an opportunity to respond to the law’s authority over their personal and public identities while making a plea to a wider audience. The second part looks at residential school narratives and shows how the authors construct identities for themselves in ways that defy the institution’s control. The interactions between these two bodies of writing—residential school accounts and prison narratives—invite recognition of the ways that guilt is colonially constructed and how these authors use their writing to distance themselves from that guilt.

    Offering new ways of reading Native writing, From the Iron House is a pioneering study of prison literature in Canada and situates its readings within international criticism of prison writing. Contributing to genre studies and theoretical understandings of life writing, and covering a variety of social topics, this work will be relevant to readers interested in indigenous studies, Canadian cultural studies, postcolonial studies, auto/biography studies, law, and public policy.

$65.00

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Indian Ernie: Perspectives on Policing and Leadership
Author: Ernie Louttit
Format: Paperback
, 2013
  • When he began his career with the Saskatoon Police in 1987, Ernie Louttit was only the city’s third native police officer. Indian Ernie, as he came to be known on the streets, details an era of challenge, prejudice, and also tremendous change in urban policing. Drawing from his childhood, army career, and service as a veteran patrol officer, Louttit shares stories of criminals and victims, the night shift, avoiding politics, but most of all, the realities of the marginalized and disenfranchised.

    Louttit spent his entire career (including as a Sergeant) patrolling the streets of Saskatoon’s west side, an area until recently beset by poverty, and terrible social conditions. Here, he struggled to bring justice to communities where the lines between criminal and victim often blurred. Though Louttit’s story is characterized by conflict, danger, and violence, he argues that empathy and love for the community you serve are the greatest tools in any officer’s hands, especially when policing society’s less fortunate.

    While his story is based on his experiences in Saskatoon, it is equally applicable to the challenges faced in any community where marginalized people live. It is an exciting, passionate, easy to read, and highly accessible story aimed at a broad audience.

$25.00

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Indigenous Diplomacy and the Rights of Peoples: Achieving UN Recognition
Author: James Henderson
Format: Paperback
, 2008
  • Despite centuries of sustained attacks against their collective existence, Indigenous peoples represent over 5,000 languages and cultures in more than 70 nations on six continents. Most have retained social, cultural, economic, and political characteristics distinct from other segments of national populations. Yet recognition of their humanity and rights has been a struggle to achieve.

    Based on personal experience, James (Sa’ke’j) Youngblood Henderson documents the generation-long struggle that led ultimately to the adoption of the Declaration of the Rights of Indigenous Peoples by the United Nations General Assembly. Henderson puts the Declaration and the struggles of Indigenous peoples in a wider context, outlining the rise of international law and how it was shaped by European ideas, the rise of the United Nations, and post-World War II agreements focusing on human rights.

    Henderson analyzes the provisions of the Declaration and comments on the impact of other international agreements on Indigenous peoples. He concludes with his view of what must be done to give the Declaration its full force for Indigenous peoples around the world, and what it means for Canada. The full text of the Declaration and selected excerpts of other key international agreements are included.

$29.50

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Indigenous Women's Writing and the Cultural Study of Law
Author: Cheryl Suzack
Traditional Territory: Batchewana First Nation
Format: Paperback
, 2017
  • In Indigenous Women’s Writing and the Cultural Study of Law, Cheryl Suzack explores Indigenous women’s writing in the post-civil rights period through close-reading analysis of major texts by Leslie Marmon Silko, Beatrice Culleton Mosionier, Louise Erdrich, and Winona LaDuke.

    Working within a transnational framework that compares multiple tribal national contexts and U.S.-Canadian settler colonialism, Suzack sheds light on how these Indigenous writers use storytelling to engage in social justice activism by contesting discriminatory tribal membership codes, critiquing the dispossession of Indigenous women from their children, challenging dehumanizing blood quantum codes, and protesting colonial forms of land dispossession. Each chapter in this volume aligns a court case with a literary text to show how literature contributes to self-determination struggles. Situated at the intersections of critical race, Indigenous feminist, and social justice theories, Indigenous Women’s Writing and the Cultural Study of Law crafts an Indigenous-feminist literary model in order to demonstrate how Indigenous women respond to the narrow vision of law by recuperating other relationships–to themselves, the land, the community, and the settler-nation.

$34.95

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Keeping the Land
Format: Paperback
, 2013
  • When the Kitchenuhmaykoosib Inninuwug’s traditional territory was threatened by mining exploration in 2006, they followed their traditional duty to protect the land and asked the mining exploration company, Platinex, to leave. Platinex left — and then sued the remote First Nation for $10 billion. The ensuing legal dispute lasted two years and eventually resulted in the jailing of community leaders. Ariss argues that though this jailing was extraordinarily punitive and is indicative of continuing colonialism within the legal system, some aspects of the case demonstrate the potential of Canadian law to understand, include and reflect Aboriginal perspectives. Connecting scholarship in Aboriginal rights and Canadian law, traditional Aboriginal law, social change and community activism, Keeping the Land explores the twists and turns of this legal dispute in order to gain a deeper understanding of the law’s contributions to and detractions from the process of reconciliation.

$22.95

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Moving Toward Justice: Legal Traditions and Aboriginal Justice
Author: John D. Whyte
Format: Paperback
, 2008
  • The struggle to reform Canada’s justice system is nothing short of a cry for justice itself, and the response to this cry is too slow and too narrow. The essays collected in Moving Toward Justice include analyses of the challenges of legal pluralism, restorative justice, gender and race in sentencing, notions of community, and reconciliation in Aboriginal justice. Part I of the book examines the legal and political context for Aboriginal justice, theories of law and the constitution, as well as theories of development and administration that compel much broader initiatives of Aboriginal self-government.

    Part II examines specific initiatives and the problems some of them have created. Justice reform is complex and controversial. The challenges increase when the context for reform includes the search for greater safety and security in Aboriginal communities, recognition of cultural integrity, and the need to promote inter-societal respect.

    This book aims to underscore the urgent need for Aboriginal justice reform, to suggest the outlines of the constitutional and administrative changes that will allow reform to occur, and to explore a series of specific issues that have arisen from reforms already made. It is a book for scholars, policy makers, and all those interested in or working with justice issues.

$38.00

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Nationhood Interrupted: Revitalizing nêhiyaw Legal Systems
Author: Sylvia McAdam
Traditional Territory: Cree
Format: Paperback
, 2015
  • Traditionally and through custom, nêhiyaw (Cree) laws are shared and passed down through the generations in the oral tradition, utilizing stories, songs, ceremonies, lands, waters, animals, land markings and other sacred rites. The loss of the languages, customs, and traditions of Indigenous peoples as a direct result of colonization has necessitated this departure from the oral tradition to record the physical laws of the nêhiyaw, for the spiritual laws can never be written down. As a result, this book is the first of its kind.

    McAdam, a co-founder of the international movement Idle No More, shares nêhiyaw laws so that future generations, both nêhiyaw and non-Indigenous people, may understand and live by them to revitalize Indigenous nationhood. Nationhood is about land, language, and culture. Understanding and gaining an awareness of Indigenous laws will provide insight into the thoughts and worldview of Indigenous people before and during the numbered Treaty making process, and help create a harmonious society for all. Hopefully, then, the pain of the poverty, incarceration, suicide, death after death, without hope for the future, of nêhiyaw will become a distant memory.

$25.00

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Our Grandmothers' Lives as Told in Their Own Words: Kohkominawak Otacimowiniwawa
Traditional Territory: Cree
Format: Paperback
, 1998
  • This bilingual collection of reminiscences and personal stories tells us about the daily lives of Cree women over the past century: household chores, snaring rabbits and picking berries, going to school, marriage, bearing and raising children. Seven Cree women share memories about their lives and the history of their people, and provide insights into the traditional teachings of a society where practical and spiritual matters are never far apart. Recorded in their Cree language using syllabics and translated into English, these women speak with warmth and humour about their memories and their reflections on how people live today. Their stories span several generations, from the present back to reports of their own grandmothers' lives in the bush and on the reserve, giving a clear picture of the role of women in Cree society. Freda Ahenakew was born on the Ahtahkakoop First Nation reserve. Former Director of the Saskatchewan Indian Languages Institute, she earned her M.A. in Cree linguistics at the University of Manitoba. Ahenakew was an Associate Professor of Native Studies at the University of Manitoba from 1989 to 1996 and acted as Head of the Department of Native Studies from 1990 to 1995. She thereafter worked as a First Nations Language Consultant to the Prince Albert Grand Council until her retirement in 1997. That same year, she was awarded an honorary doctorate by the University of Saskatchewan.

$29.95

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Racialized Policing
Format: Paperback
, 2012
  • Policing is a controversial subject, generating considerable debate. One issue of concern has been “racial profiling” by police, that is, the alleged practice of targeting individuals and groups on the basis of “race.” Racialized Policing argues that the debate has been limited by its individualized frame. As well, the concentration on police relations with people of colour means that Aboriginal people’s encounters with police receive far less scrutiny. Going beyond the interpersonal level and broadening our gaze to explore how race and racism play out in institutional practices and systemic processes, this book exposes the ways in which policing is racialized.

    Situating the police in their role as “reproducers of order,” Elizabeth Comack draws on the historical record and contemporary cases of Aboriginal-police relations — the shooting of J.J. Harper by a Winnipeg police officer in 1988, the “Starlight Tours” in Saskatoon, and the shooting of Matthew Dumas by a Winnipeg police officer in 2005 — as well as interviews conducted with Aboriginal people in Winnipeg’s inner-city communities to explore how race and racism inform the routine practices of police officers and define the cultural frames of reference that officers adopt in their encounters with Aboriginal people. In short, having defined Aboriginal people as “troublesome,” police respond with troublesome practices of their own. Arguing that resolution requires a fundamental transformation in the structure and organization of policing, Racialized Policing makes suggestions for re-framing the role of police and the “order” they reproduce.

$28.00

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