Native Rights and Law in An Age of Protest
AbstractProfessor Cumming's article analyzes the aboriginal rights problem in Canada. The author lays the groundwork for his article by discussion of the historical origin and legal status of aboriginal rights. After various comments on the Federal Government's Indian policy (both past and present), the author takes an in-depth look at the position and attitudes of the three types of native peoples affected by the question of aboriginal rights—status Indians, Metis, and Eskimo. In concluding, Professor Cumming examines the Alaska Native Claims Settlement Act, and submits that the Act is an example of truly imaginative social policy in attempting to find fair and equitable solution to the abori ginal rights problem in that State. The author states that native problem exists in Canada, and submits that legislative solution recognizing aboriginal rights is, without qualification, preferable to the judicial type of solution which we appear to be headed towards in Canada. This article is based upon a paper prepared for symposium associated with the official opening of the new Law Centre of The University of Alberta, May and 5, 1972. Significant develop ments have taken place in the subject area since this paper was given. However, this does not affect the validity of the discussion and arguments set forth in the paper. The interested reader is also advised to refer to the preceding article, by Lester and Parker, on the British Common Law concepts of aboriginal rights and its particular application in Australia.
For Editions following and including Volume 61 No. 1, the following applies.
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
For Editions prior to Volume 61 No. 1, the following applies.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.