Suchergebnisse

The Aboriginal orthodoxy -- We were here first -- What ever happened to civilization? -- The fiction of Aboriginal sovereignty -- Bands, tribes, or nations? -- The inherent problems of Aboriginal self-government -- In search of property -- Treaties, agreements, and land surrenders -- Making a living -- This octagon is a stop sign -- Update 2008.

In February 2013, Tom Flanagan, acclaimed academic, University of Calgary professor, and former advisor to Prime Minister Stephen Harper, made comments surrounding the issue of viewing child pornography that were tweeted from the event he was speaking at and broadcast worldwide. In the time it took to drive from Lethbridge to his home in Calgary, Flanagan's career and reputation were virtually in tatters. Every media outlet made the story front-page news, most of them deriding Flanagan and casting him as a pariah

Property rights in general -- The panorama of Indian property rights -- A failed experiment : the Dawes Act -- The legal framework of the Indian Act -- Customary land rights on Canadian Indian reserves -- Certificates of possession and leases : the Indian Act individual property regimes -- The First Nations Land Management Act -- Why markets fail on First Nations lands -- Escaping the Indian Act -- Back to the future: restoring First Nations property-rights systems

Behind the legal dispute over aboriginal rights in North America lies the question of whether European settlers had a right to appropriate land used by the original residents for hunting & gathering, for the purpose of farming. While the approach that conquest produces a sufficient title is logical, it is too much of an appeal to raw power to satisfy political theorists. One justification for the European takeover of Indian lands -- that the Indians were not using most of the land & did not really own it because they were hunters rather than farmers -- is considered. Three versions of this approach -- by John Winthrop, first governor of the Massachusetts Bay Colony, the English liberal philosopher John Locke, & Emer de Vattel, an eighteenth-century expert on international law -- are considered. Recent debate on the agricultural argument is examined, & it is noted that the argument deals with only a small proportion of the actual events accompanying the European takeover of the New World. The real issue, in consequence, is one of sovereignty, & this should receive further study. In Reply to Professor Flanagan, Nicholas Griffin (McMaster U, Hamilton, Ontario) holds that Flanagan believes that the agricultural argument will stand without the distinction between the state of nature & civil society, having in mind a system of bourgeois private ownership using a market mechanism. Flanagan's argument requires stronger assumptions than those he presents, & the appropriate question should be whether one group has the right to demand that another change its way of life in order to solve the perceived problems of the former. InReply to Griffin, Flanagan notes that he did not propose the agriculture argument as a satisfactory justification for the European seizure of North America. F. S. J. Ledgister

Traditional practice in the insurance industries of using personal information, such as age, sex, health, and marital status in setting premiums and rating customers generally. How the practice may be affected by the Canadian Charter of Rights and Freedoms.