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Finding Your Allies Where You Can: How Canadian Courts Drive Aboriginal Recognition in Canada
Ian Peach Aboriginal Policy Studies, Vol. 1, No. 1, 2011, pp. 106-131. Reviews litigation cases of Métis, Non-Status Indians and Aboriginal women used to achieve state recognition of Aboriginality. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
First Nations and Self-Government: A Matter of Trust
Don J. Manderscheid Canadian Journal of Law and Society, Vol. 22, No. 1, 2007, pp. 109-121. Examines the fiduciary obligations between band councils and band members and argues that the current municipal model of band government is inadequate. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Forensic Palynology in Canada: An Overview with Emphasis on Archaeology and Anthropology
Rolf W. Mathewes Forensic Science International , Vol. 163, No. 3, November 2006, pp. 198-203. Presents palynological (pollen analysis) data that was presented at the Delgamuukw vs. the Queen trial regarding Aboriginal title in British Columbia. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Forgotten Arguments: Aboriginal Title and Sovereignty in Canada Jurisdiction Act Cases
Hamar Foster Manitoba Law Journal, Vol. 21, No. 3, 1992, pp. 343-389. Discussion of the inherent theory of Aboriginal rights. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Fraser River Fisheries: Anthropology, the State and First Nations
D.R. Hudson Native Studies Review, Vol. 6, No. 2, Advocacy and Claims Research, 1990, pp. 31-41. Discusses the problems associated with anthropological research in court cases involving fishing in British Columbia. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
From a Jurisprudence of Regret to a Regrettable Jurisprudence: Shaping Native Title from Mabo to Ward
Alex Reilly Murdoch University Electronic Journal of Law, Vol. 9, No. 4, December 2002. Argues that there is room in Australian common law for a much stronger concept of Native title, and that the High Court has a responsibility to develop Native title in line with the principles of justice that motivated the Mabo case. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
From Expert to Acolyte: Learning to Understand the Environment from an Anishinaabe Point of View
Leanne R. Simpson, Paul Driben American Indian Culture and Research Journal, Vol. 24, No. 3, 2000, pp. 1-19. Explains how to conduct land use research studies that meet the demands of academic requirements and simultaneously respects the Aboriginal communities participating. The article focuses on one specific example, that of the Long Lake First Nation. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
From Terra Nullius to Affirmation: Reconciling Aboriginal Rights with the Canadian Constitution
Michael Asch Canadian Journal of Law and Society, Vol. 17, No. 2, 2002, pp. 23-39. Argues that Canada needs to adopt an understanding that legitimacy flows out of resolving issues with First Nations in a just manner. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Frozen Rights in Canada: Constitutional Interpretation and the Trickster
John Borrows American Indian Law Review, Vol. 22, No. 1, 1997/1998, pp. 37-64. Discusses Supreme Court decisions in the cases R. v. Vanderpeet, R. v. Gladstone, R. v. N.T.C Smokehouse, R. v. Pamajewon as they pertain to defining Aboriginal rights. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Gladue: the Judicial and Political Reception of a Promising Decision
Kent Roach, Jonathan Rudin Canadian Journal of Criminology, Vol. 42, No. 3, July 01, 2000, pp. 355-388. Discusses Supreme Court of Canada (SCC) ruling that requires judges to consider the "circumstances of Aboriginal offenders." Author concludes that while the ruling is positive, it is unlikely to decrease the overrepresentation of Aboriginals in the penal system. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Governing Lands and Waters: Limits to Reserve Title and Indian Act Powers in British Columbia, and Proposals for Reform
David Schulze, Peter R. Grant University of British Columbia Law Review, Vol. 34, No. 2, 2000-2001, pp. 415-457. Examines the narrow interpretation in this jurisdiction of "reserve lands" under the Indian Act and how this has stymied self-government. More information... (Rating: 0.00, Votes: 4, Reviews: 0) Reviews | Rate It | Add to Favourites
Government Responses to the Indian Residential Schools Settlement in Canada: Implications for Australia
Bradford W Morse Australian Indigenous Law Review, Vol. 12, No. 1, 2008, pp. 41-59. Gives overview of the events leading to the Settlement Agreement including: history of the system, criminal, civil, and class action cases, the Official Apology, Settlement Agreement and the establishment of The Truth and Reconciliation Commission. As well, discusses lessons that may be learned when considering a resolution with Australia's Aborigine population. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Grave-Digging: The Misuse of History in Aboriginal Rights Litigation
Patricia Wallace The University of Miami Inter-American Law Review, Vol. 30, No. 2, Winter, 1999, pp. 489-516. Discusses what the Supreme Court of Canada has meant by interpreting aboriginal title as sui generis. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Heeding the Voice of Native Women: Toward an Ethnic of Decolonization
Carrie A. Martell, Sarah Deer North Dakota Law Review, Vol. 81, No. 4, Fall, 2005, pp. 807-822. Exploration of whether Carol Gilligan's discussion of the role of gender in the legal field, In a Different Voice, also applies to Aboriginal women in relation to modern tribal courts. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
The Highest Right That a Man Hath': Maritime Property Rights Regimes and BC First Nations
Dianne Newell Native Studies Review, Vol. 11, No. 1, Native People in British Columbia: Recent Research, 1996, p. 49–64. Discusses the issue of Aboriginal fishing & trading practices and how it relates to the present-day controversy on whether Native people should have commercial rights to fishing resources. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Historical Representations of Aboriginal People in the Canadian News Media
Robert Harding Discourse & Society, Vol. 17, No. 2, 2006, pp. 205-235. Focuses on two issues: authority over child welfare and control over land and resources by examining several flash-point issues in British Columbia's history. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
The History of the Upper Skeena Region, 1850 to 1927
Robert Galois Native Studies Review, Vol. 9, No. 2, l993-1994, pp. 113-183. Discusses the protest actions of the Gitksan and the Wet'suwet'en Nation and their appeal to the British Columbia Court of Appeal. [Find location of Wet'suwet'en First Nation using Google Maps] More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
How Can Infringements of the Constitutional Rights of Aboriginal Peoples Be Justified?
Kent McNeil Constitutional Forum, Vol. 8, No. 2, 1997, pp. 33-39. Examines six court cases that deal with section 35(1) of the Constitution Act, 1982 and the profound impact that these decisions will have in future judicial decisions and claims. More information... (Rating: 0.00, Votes: 0, Reviews: 0) Reviews | Rate It | Add to Favourites
How to Read Aboriginal Legal Texts From Upper Canada
Mark D. Walters Journal of the Canadian Historical Association, Vol. 14, No. 1, New Series, 2003, pp. 93-116. Uses a case study of aboriginal written law enacted in 1830 by the chief and council of the Mississaugas of Credit River to illustrate four different ways of interpreting a document. More information... (Rating: 0.00, Votes: 3, Reviews: 0) Reviews | Rate It | Add to Favourites
Hydroelectric Power and Indian Water Rights on the Prairies
Richard H. Bartlett Prairie Forum, Vol. 14, No. 2, Fall, 1989, pp. 177-193. Discusses the negative impact several major dams have had on aboriginal communities in western Canada. More information... (Rating: 0.00, Votes: 2, Reviews: 0) Reviews | Rate It | Add to Favourites
Immigration/Importation: Exemption of Indian Tribes: Akins v. Saxbe
Sharman E. Hughes American Indian Law Review, Vol. 3, No. 2, 1975, pp. 469-477. Case involving eight individual members of the Micmac, Maliseet, Penobscot, and Passamaquoddy Indian tribes and the Indian Township Passamaquoddy Basket Cooperative, Inc. asking for a judgement on exemptions from customs duty goods brought from Canada to the United States for individual use, as well as the Cooperative. Judgement was also asked with respect to Canadian-born individuals being exempt from immigration laws requiring registration and visa requirements. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
In Chief Justice McEachern's Shoes: Anthropology's Ineffectiveness in Court
Robert Paine PoLAR: Political and Legal Anthropology Review, Vol. 19, No. 2, November 1996, pp. 59-70. Views of an anthropologist not involved in the case as to why expert testimony was mainly discounted by the judge. More information... (Rating: 0.00, Votes: 5, Reviews: 0) Reviews | Rate It | Add to Favourites
In the Absence of Justice: Aboriginal Case Law and the Ethnocentrism of the Courts
Stephen Greymorning Canadian Journal of Native Studies, Vol. 17, No. 1, 1997, pp. 1-31. Examines how cultural ethnocentrism has influenced the interpretation of law and the maintenance of colonial control over Indigenous North Americans. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Indian Act - States of Indian Woman on Marriage to Person Without Indian Status
D. E. Sanders Saskatchewan Law Review, Vol. 38, No. 1, 1974, pp. 243-249. Discussion of the discriminatory aspects of the Indian Act and the impact of the Canadian Bill of Rights on court cases dealing with the Act. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Indian Agency: Forming First Nations Law in Canada
John Borrows PoLAR: Political and Legal Anthropology Review, Vol. 24, No. 2, November 2001, pp. 9-24. Overview of legal decisions significant to Aboriginal peoples. More information... (Rating: 0.00, Votes: 2, Reviews: 0) Reviews | Rate It | Add to Favourites |
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