Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Individual property rights on Canadian Indian reserves - Essay Example

Comments (0) Cite this document
When it comes to issues such as politics and possible governmental altercations, there is much that needs to be examined and discussed. One matter in particular in regards to this subject area is that of the governance and political situation of indigenous people in Canada today, and in order to be able to understand this general issue more knowledgeably, the topic of individual property rights on the Canadian Indian reserves must be discussed…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.9% of users find it useful
Individual property rights on Canadian Indian reserves
Read TextPreview

Extract of sample "Individual property rights on Canadian Indian reserves"

Download file to see previous pages The aim of this review is to allow for all of this by critically reviewing the article in question, including facts and arguments that are presented by the author, counter arguments from others, as well as any and all other key and related issues in this regards. This is what will be dissertated in the following.
The first thing to make note of is the actual title of this article, which is Individual Property Rights on Canadian Indian Reserves; from the title alone, we are able to get a rather detailed idea of what the article itself is going to be about. The title overtly specifies the topic as well as the main idea that is going to be represented within the article, and not only does the title itself rouse interest and create a wanting to read further on, but as well it does more than merely imply the subject, as we are told directly from the title of the article alone that we are going to be learning about the individual property rights in regards to the Canadian Indian reserves. ...
Once we begin into the article, we can see that the main idea is basically stated within the first paragraph, as the first sentence of the entire article reads "Many Indian reserves in Canada, particularly but not only in the three prairie provinces, have no formalized individual property rights" (Alcantara & Flanagan, 2002: 5). Clearly, from this alone we can get at least a remote grasp on the matter of the article, as we can see that the authors are stating that most of the Indian reserves in Canada do not have any formalized individual property rights, and obviously this is - and in the future will be even more - incredibly problematic. The authors use various factual experiences and instances of different people in order to express the main point of their article, and the placement of their main idea creates much interest, because it compels you to wonder more about the individual property rights in regards to the Canadian Indian reserves, as well as the solutions - if any - which exist in this regards. One of the most poignant facts that the authors state within the first couple pages of the article is that of how "According to Joe v. Findlay (1981, 122 DLR 3d 377), interest in reserve land is held in common by the band as a whole and not by individual members (Nicola Band et al v Trans-Can Displays et al 2000 BCSC 1209, para 127). An individual can gain an interest in the land only under the procedures described in sections 20-29 of the Indian Act". (Alcantara & Flanagan, 2002: 5). Another one of the most major points that the authors make in this article is about how although the people living on the Canadian Indian reserves ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Individual property rights on Canadian Indian reserves Essay”, n.d.)
Individual property rights on Canadian Indian reserves Essay. Retrieved from
(Individual Property Rights on Canadian Indian Reserves Essay)
Individual Property Rights on Canadian Indian Reserves Essay.
“Individual Property Rights on Canadian Indian Reserves Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Individual property rights on Canadian Indian reserves

Intellectual Property Rights

...?Intellectual property rights as a concept was first brought to light as back as 1867 in the North Germany Confederation, the constitution of which granted power over its intellectual property. The organization relocated to Geneva in 1960 and was established as World Intellectual Property Organization (WIPO) and treated as an agency of United Nations (Boldrin & Levine, 2008). There are many factors which affect the IPR of staff, students or post doctoral fellows in case of laboratory discoveries 1) Sponsorship – when the research is sponsored by a company, organization or the government the IPR shall be followed as agreed on the agreement prior to the undertaking of the project. If not then licensing of patents will have to be negotiated...
2 Pages(500 words)Essay

Intellectual Property Rights

More specifically, since this case involves a symbol which would denote a product, it is considered as a copyrighted symbol. To the original creator, the law permits him to decide the terms and conditions of the sale of the property in order to earn financial benefits. He advertises the work and sells nonexclusive rights of his logo to six different entities at 29 dollars a piece. The non-exclusivity of the sale shows that he still owns the logos; he holds the original rights to the logos. B would, therefore, be compelled to agree to the terms fronted by A in order to gain ownbership of the same. In this case, B seeks to do away with the logo created by A, this would still compel the former to agree to the same terms. B creates a...
4 Pages(1000 words)Essay

Intellectual Property Rights

...How has this business venture planning experience influenced my understanding of the importance of Intellectual Property Rights to innovation and entrepreneurship Question 1: What do the major academic writers on this subject have to say about entrepreneurship and bringing innovation to market Entrepreneurship: This refers to the ability to start a new product or service line, not in consistency with existing product or services; it includes instinctive desire to take calculated risks for the sake of gaining material or non-material gains or satisfy entrepreneurial desires. An entrepreneur essentially wants to do something that could be differentiated from the existing norms, trends, and acceptances of established business practices...
5 Pages(1250 words)Essay

Industrial Property Rights

...Industrial Property Rights American In 1998 a Court of Appeals for the Federal Circuit ruled an appeal from a decision of a District Court, which had found a patent 5,193,056 invalid on the ground that the claimed subject matter was not patentable. The Court of Appeal reversed the District Court decision and concluded that business method matter were statutory subject matter. You can find this case law at The conclusion of this case is the appealed decision is reversed and the case is remanded to the district court for further proceedings consistent with this opinion. The first software patent ever granted is probably a patent for a "computer having slow and quick...
6 Pages(1500 words)Essay

Intellectual Property Rights

A considerable portion of the essay discusses the policies of the two countries and explanation is provided about the differences between their IPR's policies. Intellectual Property is defined by World Intellectual Property Organization (WIPO) as the conceptions, formations, and creations of the human mind. Intellectual property rights protect all such information and ideas as the intellectual assets for a particular economy. Since the ownership of such assets is acknowledged these assets are also known as intellectual properties. The economic returns on the intellectual property are dependent upon its demand to potential customers, cost of their formation, the place where they are sold and the permission rights for the owners to...
8 Pages(2000 words)Essay

Property Rights

... by those who criticize the ruling in this case is that private entities and corporations might use this to influence the government in acquiring lands. This will give them an undue advantage against individual citizens with respect to property rights. With the ruling in favor of The City of New England supporting the exercise of eminent domain in favor of a private entity, does this pose a threat to our individual property rights Origin of Property Rights According to John Locke, the moment a person is born, he has the right to preservation. He has the right to enjoy and use nature for their subsistence. "God, who hath given the world to men in common, hath also given them reason to make use of it to the best advantage of life...
4 Pages(1000 words)Essay

Canadian and Indian Tourism

... hash and supervises the employee in every moves that they make. For any piece of that is done, he have to go through it to ensure that is perfectly done. This is the perfect way of theory X operation where the managers have the least thrust with the capability of the employees (Perseus Books Group, 2003). A closer look on the culture of the Indian can explain the root cause of the dogmatic leadership of Naveet. Through studies, it has been established that the Indians have the culture of being non inclusive in there discussion making them vulnerable to theory X. They all submit to the dogmatic leadership of Naveet. Additionally, Indian are not always frank with their agreement and they intend to conceal their true feeling when interacting...
2 Pages(500 words)Case Study

Intellectual Property Rights

... an IP 3. In what situations does the Government have rights to intellectual property? One cannot use government trademarks or the logos of government agencies without getting permission from relevant authorities. For instance, people are prohibited from using government’s agencies logo/trademark on their social media pages. Copyright may protect works that have been prepared for the government by independent entities. The government may have the exclusive rights to use such works. Individuals are not permitted to use government works in ways that show endorsement by a government agency or worker (Cornish et al., 2013). For instance, it is illegal to use a photo of a government official who is wearing a product of a person/company...
3 Pages(750 words)Assignment

The Universality in International Human Rights

The continuous changes in the international area have created the necessity for a flexible legal framework that could achieve the above target. However, in order for such a task to be successful, there must be a specific theoretical ‘vehicle’ that could present with accuracy both the existing situation, the problems under examination and the desired result. Towards that direction, the creation of the ‘international human rights’ sector gave to the nations the chance to organize their internal legal rules and their behaviour in the global area in the basis of a specific set of principles recognized by the international community as binding and directly applied in the interior of the participated countries. I...
10 Pages(2500 words)Assignment

Freedom Summer of 1964 and Its Relationship with the Civil Rights Movement

The other organizations which participated in this Registration campaign were the Council of Federated Organization (COFO) in league with the National Association for Advancement of Colored People (NAACP), the Congress of Racial Equality (CORE), the Southern Christian Leadership Confederation (SCLC) and the Students Non-Violent Coordination Committee (SNCC). During this campaign, large groups of African American people, supported by around 1000 white volunteers, braved the rains in order to enter the Forrest Country Courthouse to register their Voting Rights. Around 30 Summer schools were also established during this Freedom Summer Campaign in various parts of Mississippi town in order to educate the black minorities, since, due t...
11 Pages(2750 words)Case Study

Canadian Federalism and the Environment

Work on setting benchmark environmental standards and best practices got into full swing by the middle of the past decade. However, the international environment laws that in first place grew out of the scientific query and were articulated by environment groups were subject to skepticism amongst public policymakers. The situation became all the queerer in federal countries like Canada, where on one hand was the stick-wielding Federal government, obliged by its international commitment to enforcing environment policy strictly and the provincial governments, on the other hand, were, faced with a realistic picture of compulsions of socio-economic development, trying to find ways to protect local industry from debilitating effects of...
10 Pages(2500 words)Case Study

Canadian Corporate Business Law

This was done by virtue of a loan to Ashley in the sum of $300,000 providing Temper with a first mortgage against the suite.
Two politicians invest in Temper, Stefan di Yawn who invests $500,000 in respect of 500 Class A shares and Bob Eh invests $100,000 for 100 Class A shares. In order to secure these investments, the politicians take a security interest in Temper. Shortly after the company experiences some difficulty beginning with Angelina who is photographed spitting on the sidewalks which gets the attention of politician Hillary Squinton who ran her campaign on a clean sidewalks platform. She initiates action against Angelina by taking the matter up with Spitting on Streets Board chaired by Angelina’s boyfriend Br...
11 Pages(2750 words)Case Study

Property Investment Analysis

The Red Book valuation figures offer useful guidance on valuation, however they contain overlapping material from diverse sources. The Mallinson Report has identified the need for the RICS to publish a single, comprehensive and user friendly source of standards for valuers and establish a single point of coordination in the institution’s delivery of valuation services. The Report also states that the information provided needs to be more specific so that it place more specific further education demands on valuers. Additionally, there must be additional power provided to the Institution to investigate problem cases and take disciplinary action when it becomes necessary, despite the possibility of courts exerting a restricting...
13 Pages(3250 words)Assignment

Perceptions of Womens Rights

As the colonies were making their break away from England, Abigail pushed for women to break with their traditional roles in the home and gain access to the education and legal means of providing for themselves. She did this by arguing women’s current restrictions in society were limiting their ability to fulfill their God-appointed tasks of seeing to the spiritual and moral well-being of the country. Started by Abigail, this argument built through the years to eventually bring about much of the types of change Abigail had in mind. This can be traced throughout her life and as echoes of her ideas are found in future women’s activists.
During Abigail’s lifetime, only relatively few girls were taught to read....
10 Pages(2500 words)Case Study

Struggle For Civil Rights

This struggle has historically affected four ethnic groups namely, native Americans, African Americans, Chicanos and Asian Americans. In the end, it is the hope of this paper that a better understanding and a more concrete application of the US ideology of “equality for all under the law”(Bush, 2003, p 48) be attained for ethnic groups in particular and the entire humanity in general. The struggle for civil rights during the 1950s onward was a” product of the post World War II world” (Bush, 2003, p. 48). The human world was in a condition of social unrest that even the United States of America was not exempted.
The struggle for civil rights in the US is the logical consequence of the long historica...

10 Pages(2500 words)Coursework

The British Constitution vs The Human Rights Act 1998

This research essay analyses the above statement and arrives at a conclusion.
Integration of the provisions of ECHR into U.K’s domestic law by way of HRA 1998 can be regarded as revolutionary as it facilitates the majority of the ECHR rights provisions directly applicable in the U.K. Before that integration, a U.K Court has to presume that when there is a clash between U.K’s domestic law and ECHR rights provision, the ECHR rights provision will always prevail. This principle has been laid down in R v Secretary of Home Dept ex parte Brind1 and R v Secretary of Home Dept ex parte Thakrar. 2
Courts have now the power to declare any statue which they find incompatible with ECHR provisions and order for fine-tunin...
9 Pages(2250 words)Case Study

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Universal Declaration of Human Rights

An assessment regarding the binding nature of the provisions of the UDHR was made in this work. The UDHR was instrumental in the development of international law, specifically the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Furthermore, the role of ICCPR and ICESCR, which derive from the UDHR were examined. This was done by referring to case law and the opinions of various authors. It also analyzed UN Charter provisions, such as the preamble, Article 1(3), 2, 13(1), 51, 55, 56, 62(2) and 68.3

This work arrived at conclusions, by establishing the binding nature of the UDHR on the member states. The UDHR was rendered binding...
8 Pages(2000 words)Case Study

Intellectual Property Rights

...Topic: IP Law Question 2 Intellectual property rights being primarily negative rights, they empower the right-holder to utilize and dispose of his rights, as well as to initiate action against anyone who violates the same. They can be enforced in numerous ways such as civil and criminal proceedings, and sometimes even administrative proceedings.1 Though there are traditional methods of enforcing these rights such as injunction, cost and damages; of late, unconventional measures such as the Anton Piller order, are fast gaining momentum in gathering evidence so as to assist in collecting relevant information against the suspect.2 This order is granted to the claimant as an ex parte application on account of the fact that vital evidence...
8 Pages(2000 words)Case Study

Intellectual Property Rights

The emphasis on the potential of intellectual capital has paved the way for increased use of patent and licensing oriented measures in all these innovation systems. Intellectual property rights vary from “old types of rights such as patents for inventions, trade secrets, copyrights, trademarks and design rights” to its new forms such as “breeding rights, mask work rights and database rights” (Andersen 2006, p. 302). The ultimate goal of preserving intellectual property rights is to foster distinctive originality or inventiveness. Whereas the earliest forms of international property rights focussed on tangible assets IPRs on intangible assets have become commonplace in the modern era where intellectual capit...
9 Pages(2250 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Individual property rights on Canadian Indian reserves for FREE!

Contact Us