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Flawed Precedent: The St. Catherine's Case and Aboriginal Title (Landmark Cases in Canadian Law)

Flawed Precedent: The St. Catherine's Case and Aboriginal Title (Landmark Cases in Canadian Law)

Current price: $38.69
Publication Date: June 1st, 2019
Publisher:
University of British Columbia Press
ISBN:
9780774861069
Pages:
352
Special Order - Subject to Availability

Description

In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.

About the Author

Kent McNeil is Emeritus Distinguished Research Professor at Osgoode Hall Law School, York University.