Let Right Be Done
Let Right Be Done
Aboriginal Title, the Calder Case, and the Future of Indigenous Rights
In the early 1970s, many questioned whether Aboriginal title existed in Canada and rejected the notion that Aboriginal peoples should have rights different from those of other citizens. But in 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law.
Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the “BC Indian land question.”
Hamar Foster is Professor of Law at the University of Victoria. Heather Raven is Senior Lecturer in Law at the University of Victoria. Jeremy Webber holds the Canada Research Chair in Law and Society at the University of Victoria and is a Trudeau Fellow.
Contributors: Michael Asch, John Borrows, Hamar Foster, Christina Godlewska, Stephen Haycox, Honourable Gérard V. La Forest, Kent McNeil, Garth Nettheim, Brian Slattery, Jeremy Webber, David V. Williams
1 The Calder Decision, Aboriginal Title, Treaties, and the Nisga’a / Christina Godlewska and Jeremy Webber
Part 1: Reflections of the Calder Participants
2 Frank Calder and Thomas Berger: A Conversation
3 Reminiscences of Aboriginal Rights at the Time of the Calder Case and Its Aftermath / Honourable Gérard V. La Forest
Part 2: Historical Background
4 We Are Not O’Meara’s Children: Law, Lawyers, and the First Campaign for Aboriginal Title in British Columbia, 1908–28 / Hamar Foster
5 Then Fight For It: William Lewis Paul and Alaska Native Land Claims / Stephen Haycox
Part 3: Calder and Its Implications
6 Calder and the Representation of Indigenous Society in Canadian Jurisprudence / Michael Asch
7 A Taxonomy of Aboriginal Rights / Brian Slattery
8 Judicial Approaches to Self-Government since Calder: Searching for Doctrinal Coherence / Kent McNeil
Part 4: International Impact
9 Customary Rights and Crown Claims: Calder and Aboriginal Title in Aotearoa New Zealand / David V. Williams
10 The Influence of Canadian and International Law on the Evolution of Australian Aboriginal Title / Garth Nettheim
Part 5: The Future
11 Let Obligations Be Done / John Borrows
12 Closing Thoughts: Final Remarks from Iona Campagnolo, Lance Finch, Joseph Gosnell, and Frank Calder
Appendices
Notes; Bibliography; Index
