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LWSO 203 (56)


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Law and Society
LWSO 203
Marywyatt Sindlinger

01/16/13 Canadian Law and its Origins 1) Aboriginal Political and Legal Systems -Political structure varied across the country (most had a stable method of governance and decision-making) Common types of Political structure: - Hierarchies - Counsels - Family Groups - Divided Political Structure Legal Structure: -Oral traditions and teachings; went hand-in-hand with ceremonies. -Teachings emphasized appropriate behavior (responsibility to others as opposed to individual rights) -Stories and rituals ensured accuracy and consistency Dispute Settlement: -No separate body -Linked to governance methods and structure -Emphasized consensus and rehabilitation Key elements: o Focus on responsibility to others o Collective property focused on stewardship rather than ownership 2) Aboriginal-Colonizer Relations First Agreements: -Peace and Friendship treaties -Military Alliances BOTH ARE NATION TO NATION AGREEMENTS (Aboriginal groups considered to be independent nations) Royal Proclamation 1763: All Aboriginal lands not previously transferred to Europeans are reserved for the exclusive use and possession of the Indians. rd -Signed by King George 3 -English defeat French -Imposed English law and dominance 2 Key Aspects: - Recognized Aboriginal rights to land - Aboriginal lands can only be transferred to the Crown Basis of the Crowns fiduciary duties to Aboriginals Historic Treaties: - 11 Historic treaties entered into between 1871- 1921 - Cover large tracts of land - Few treaties in BC - Calgary – treaty 7 (1877) Key
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