See you in court : native Indians and the law in British Columbia, 1969-1985
Between 1969 and 1985, native Indians in British Columbia have used the courts in a significant number of cases to pursue goals which can be considered particularly Indian in that they have arisen as a result of the Indians' position as one of the indigenous peoples of Canada. Three general que...
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ftunivbritcolcir:oai:circle.library.ubc.ca:2429/26789 2023-05-15T16:16:27+02:00 See you in court : native Indians and the law in British Columbia, 1969-1985 Bush, Pamela Joanne 1987 http://hdl.handle.net/2429/26789 eng eng University of British Columbia For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use. First Nations--Legal status laws etc.--British Columbia First Nations--British Columbia --Claims Text Thesis/Dissertation 1987 ftunivbritcolcir 2019-10-15T17:58:37Z Between 1969 and 1985, native Indians in British Columbia have used the courts in a significant number of cases to pursue goals which can be considered particularly Indian in that they have arisen as a result of the Indians' position as one of the indigenous peoples of Canada. Three general questions with respect to the use of the courts are addressed. First, what goals have native Indians pursued in the courts, and how are these related to the objectives which native Indians are pursuing in the political arena? Second, how have these goals been pursued in court; that is, what legal arguments were used, how were these related to the goals pursued, and how do these affect the possible impact of the cases? Third, what have been the consequences of court action? Through an examination of the court cases in which native Indians were involved from 1969-1985, four major goals were identified. First, native Indians used the courts in order to ensure that they received the benefits to which they were entitled under the provisions of the. Indian Act. Second, native Indians challenged the way in which the federal government had administered the Indian Act. Third, Indians have attempted to preserve their traditional way of life by arguing that federal and provincial legislation which regulates hunting and fishing should not apply to them. Fourth, native Indians have used the courts in attempts to prevent damage to land and resources to which they have a claim. Native Indians have not attempted to achieve a recognition of their right to self-government through court action; rather they have pursued goals which can be termed "economic" from the viewpoint of non-native society. Native Indians have used the courts both in order to achieve legal solutions to disputes, and as a means of putting economic and political pressure on governments. In their attempts to use the courts to achieve legal solutions, Indians have achieved some successes. The overall utility of the courts as a means of putting economic and political pressure on governments has yet to be determined, although to date it would appear that native Indians have made some gains by using the courts in this way. Arts, Faculty of Political Science, Department of Graduate Thesis First Nations University of British Columbia: cIRcle - UBC's Information Repository British Columbia ENVELOPE(-125.003,-125.003,54.000,54.000) Canada Indian |
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University of British Columbia: cIRcle - UBC's Information Repository |
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ftunivbritcolcir |
language |
English |
topic |
First Nations--Legal status laws etc.--British Columbia First Nations--British Columbia --Claims |
spellingShingle |
First Nations--Legal status laws etc.--British Columbia First Nations--British Columbia --Claims Bush, Pamela Joanne See you in court : native Indians and the law in British Columbia, 1969-1985 |
topic_facet |
First Nations--Legal status laws etc.--British Columbia First Nations--British Columbia --Claims |
description |
Between 1969 and 1985, native Indians in British Columbia have used the courts in a significant number of cases to pursue goals which can be considered particularly Indian in that they have arisen as a result of the Indians' position as one of the indigenous peoples of Canada. Three general questions with respect to the use of the courts are addressed. First, what goals have native Indians pursued in the courts, and how are these related to the objectives which native Indians are pursuing in the political arena? Second, how have these goals been pursued in court; that is, what legal arguments were used, how were these related to the goals pursued, and how do these affect the possible impact of the cases? Third, what have been the consequences of court action? Through an examination of the court cases in which native Indians were involved from 1969-1985, four major goals were identified. First, native Indians used the courts in order to ensure that they received the benefits to which they were entitled under the provisions of the. Indian Act. Second, native Indians challenged the way in which the federal government had administered the Indian Act. Third, Indians have attempted to preserve their traditional way of life by arguing that federal and provincial legislation which regulates hunting and fishing should not apply to them. Fourth, native Indians have used the courts in attempts to prevent damage to land and resources to which they have a claim. Native Indians have not attempted to achieve a recognition of their right to self-government through court action; rather they have pursued goals which can be termed "economic" from the viewpoint of non-native society. Native Indians have used the courts both in order to achieve legal solutions to disputes, and as a means of putting economic and political pressure on governments. In their attempts to use the courts to achieve legal solutions, Indians have achieved some successes. The overall utility of the courts as a means of putting economic and political pressure on governments has yet to be determined, although to date it would appear that native Indians have made some gains by using the courts in this way. Arts, Faculty of Political Science, Department of Graduate |
format |
Thesis |
author |
Bush, Pamela Joanne |
author_facet |
Bush, Pamela Joanne |
author_sort |
Bush, Pamela Joanne |
title |
See you in court : native Indians and the law in British Columbia, 1969-1985 |
title_short |
See you in court : native Indians and the law in British Columbia, 1969-1985 |
title_full |
See you in court : native Indians and the law in British Columbia, 1969-1985 |
title_fullStr |
See you in court : native Indians and the law in British Columbia, 1969-1985 |
title_full_unstemmed |
See you in court : native Indians and the law in British Columbia, 1969-1985 |
title_sort |
see you in court : native indians and the law in british columbia, 1969-1985 |
publisher |
University of British Columbia |
publishDate |
1987 |
url |
http://hdl.handle.net/2429/26789 |
long_lat |
ENVELOPE(-125.003,-125.003,54.000,54.000) |
geographic |
British Columbia Canada Indian |
geographic_facet |
British Columbia Canada Indian |
genre |
First Nations |
genre_facet |
First Nations |
op_rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use. |
_version_ |
1766002309486084096 |