🚀 go-pugleaf

"David Deilley" <google@integrate.com> wrote in message
news:de74397d.0212082332.da1e586@posting.google.com...
> "Stephen Eggleston" <seggleston@shaw.ca> wrote
> > >
> > {SE} Unfortunately, you guys, the real problems involving land claims in
> > Canada are not in those parts of Canada where treaties were signed (all
> > sorts of other problems exist with regards to what Aboriginal rights
involve
> > and rights to self government, however).  The problem with land claims
is
> > largely in British Columbia, where almost no treaties were signed.  In
this
> > case, the Aboriginals never signed anything away.  Therefore, as they
were
> > the only ones there before contact, and never surrendered their rights,
they
> > retain the right to their land (or so goes the claim -- I would be most
> > interested in any facts/legal argument that could seriously reach a
contrary
> > conclusion).
>
> [Deilly]Lawyer Mel Smith wrote a book arguing otherwise about 10 years
ago,
> and not one of his assertions has been supported in the case law that
> has developed since then.
>
> [Deilly]If my personal lawyer was that wrong that often, I would assume he
did
> not understand the law very well, and replace him with someone who had
> a better track record.  I sure wouldn't want Mr. Smith handluing a
> divorce or probate.
>
> [Deilly]A UBC history (or poli-sci) prof (can't remembr his name) wrote
> another book around the same time which set out his understanding of
> the rights -- which have stood trhe test of time much better than
> Smith's views.  If I recall correctly the book is called something
> like "Aboriginal People and Politics - the Land Question in British
> Columbia," and was published by UBC press.

{SE} I believe the professor you refer to is Paul Tennant (long time faculty
in Poli-Sci at UBC -- took classes with him as an undergrad and worked with
him later as faculty).  There was also a book on a similar theme (based on
his Ph. D dissertation) published by Chris McKee (went through grad school
with him) who taught some courses at UBC as well.  It may have been
published by UBC Press too, so I am not sure which one you have in mind.