Overview

A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. Aboriginal rights include more than a title; within the fiduciary relationship between the federal government and Aboriginal peoples is the issue of compensation for the infringement of Aboriginal and treaty rights. In an historical and legal context, Mainville examines Aboriginal and treaty rights origins, major Canadian court decisions that have defined them, the impact of the Canadian Constitution, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. Mainville argues that while Canadian law can provide guidelines for compensation, expropriation law is inadequate to address the issue fully, and instead provides clear and practical principles for compensation.

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9781895830170

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Robert Mainville practiced law in Montreal and represented Aboriginal peoples and First Nations for nearly thirty years. He was appointed a judge of the Federal Court of Canada in 2009. He has also lectured on Aboriginal rights in the law faculties at both McGill University and the Universite du Quebec a Montreal. He has written and lectured extensively on Aboriginal rights issues. He holds his first law degree from the Universite de Montreal and his Masters in Law from McGill.

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