Read e-book online Aboriginal Peoples and Government Responsibility. Exploring PDF

By David Hawkes

An exam of federal and provincial govt obligations with admire to local peoples, those essays take care of the main appalling "political soccer" in Canadian politics. particularly commissioned specialists within the box write on subject matters comparable to economic, felony and constitutional matters, and view the situations of particular local teams in Canada.

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C-8. Dick v. R. ), pp. 59-60. Francis v. The Queen (Supreme Court of Canada, unreported at time of writing, May 26, 1988). The approach is identical to that articulated in Bank of Toronto v. Lambe (1887), 12 App. Cas. 575 where the Privy Council upheld a provincial taxation law which applied to a bank (within exclusive federal authority) because it was "in pith and substance" a taxation measure affecting banks, but not in relation to banks and banking. Thus were banks (listed as an exclusive legislative subject of Parliament) rendered subject to provincial law.

94 The role of the federal and provincial governments in relation to social services for aboriginal peoples depends on the basis on which these services are supplied to Canadians and provincial residents generally. The underlying assumption of our social service system is the collection of wealth through the taxation system and its redistribution in the form of social services. Even the poor pay taxes (or they are at least within the purview of the tax system and are potentially liable to pay tax when their incomes are sufficient).

P. 525. See also Francis v. R. 618, where at p. 629 Rand, J. " Guerin v. R. ). Guerin will be more fully discussed later in this chapter. Cherokee Nation v. State of Georgia, [1831], Peters 1 at p. 16. Ibid. Johnson v. M'Intosh, [1823], 8 Wheaton 543. Worcester v. State of Georgia, [1832], 6 Peters 515. Supra, note 6, p. ; p. 169 and pp. 193-196, per Hall, J. Most notably Guerin, supra, note 11. But see also Hamlet of Baker Lake v. R. D), pp. 541-542. , Vol. 98, No. 2 (1984), 422-440. Seminole Nation v.

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Aboriginal Peoples and Government Responsibility. Exploring Federal and Provincial Roles by David Hawkes

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