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CMAJ 2011 Election Survey: Patient Safety
[Lauren Vogel] CMAJ: Canadian Medical Association Journal, Vol. 183, No. 9, June 14, 2011, pp. E519-E520. Looks at responses from political parties regarding whether Canada should have no-fault compensation for medical mishaps. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Commentary on the Economic History of the Treaty 8 Area
Arthur J. Ray Native Studies Review, Vol. 10, No. 2, 1995, pp. 169-195. History used to provide the court with background information in the case of Bert Horseman who was changed with trafficking in wildlife. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
A Commercial Harvesting Prosecution in Context: The Peter Paul Case, 1946
D. G. Bell University of New Brunswick Law Journal, Vol. 55, 2006, pp. 86-104. Discusses the Peter Paul case and examines treaty knowledge in the mid 20th Century. More information... (Rating: 0.00, Votes: 4, Reviews: 0) Reviews | Rate It | Add to Favourites
Common Law Origins of Aboriginal Entitlements to Land
Brian Donovan Manitoba Law Journal, Vol. 29, No. 3, 2003, pp. 289-341. Examines the ramifications of Aboriginal peoples' prior occupancy in terms of the legal system brought by the settlers themselves. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
A Comparative Analysis of Indian Gaming in the United States
William V. Ackerman, Rick L. Bunch American Indian Quarterly, Vol. 36, No. 1, Winter, 2012, pp. 50-74. Looks at the effects of tribal-state Indian gaming compacts on the gaming industry in the U.S. and contends that the industry is not regulated fairly and does not protect Native American sovereignty. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
A Comparative View of Indigenous Citizenship Issues
Barbara Joyce Hocking, Barbara Ann Hocking Citizenship Studies, Vol. 2, No. 1, February 1998, p. 121. Explains the fallout from the Wik decision and argues that Australia should examine legal forms of international law with respect to human rights for Indigenous citizens. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Complicating the Ideology of Motherhood: Child Welfare Law and First Nation Women
Marlee Kline Queen's Law Journal, Vol. 18, 1993, pp. 306-342. Discusses the oppressive nature of child welfare systems as they relate to the criteria for "good" mothers imposed by dominant, Western cultural values. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Conservation Controversy: Sparrow, Marshall, and the Mi'kmaq of Esgenoôpetitj
Sarah J. King International Indigenous Policy Journal, Vol. 2, No. 4, Traditional Knowledge, Spirituality and Lands, 2011, pp. 1-16. Explores traditional beliefs used in conservation management in relation to decisions from the Supreme Court. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Constituting Aboriginal Collectivities: Avoiding New Peoples "In Between"
Robert K. Groves, Bradford W. Morse Saskatchewan Law Review, Vol. 67, No. 1, 2004, pp. 257-300. Discussion of section 35 of the Constitution Act, 1982 and the fact that 22 years after its enactment, it is still unclear what "recognition" of aboriginal and treaty rights means. More information... (Rating: 0.00, Votes: 2, Reviews: 0) Reviews | Rate It | Add to Favourites
The Continuing Saga of Indian Land Claims: Concluding Commentary
Imre Sutton American Indian Culture and Research Journal, Vol. 24, No. 1, 2000, pp. 189-198. Argues that decisions of the Indian Claims Commission (ICC) and the courts have not extinguished every acre of original, traditional or recognized titled lands. More information... (Rating: 0.00, Votes: 3, Reviews: 0) Reviews | Rate It | Add to Favourites
The Continuing Saga of Indian Land Claims: Not All Aboriginal Territory is Truly Irredeemable
Imre Sutton American Indian Culture and Research Journal, Vol. 24, No. 1, 2000, pp. 129-162. Retirement of the Indian Claims Commission (ICC), in 1978, did not ultimately resolve all tribal claims to Aboriginal lands as there are still many outstanding claim in the United States. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
The Continuing Saga of Indian Land Claims: The Catawba Indian Land Claim: A Giant among Indian Land Claims
John C. Christie American Indian Culture and Research Journal, Vol. 24, No. 1, 2000, pp. 173-182. Looks at the long legal process that resulted in the Catawba Land Claim Settlement Act and the extinguishment of a claim for 144,00 acres of highly developed South Carolina land. The settlement also saw the Catawba receive federal and state benefits, restoration as a federal tribe and a $50 million payment. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
The Continuing Saga of Indian Land Claims: The Coeur D'Alene Tribe's Claim to Lake Coeur D'Alene
E. Richard Hart American Indian Culture and Research Journal, Vol. 24, No. 1, 2000, pp. 183-188. Looks at the legal history that brought about the ruling in favor of the Coeur d’Alene Tribe in the case United States v. Idaho. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
The Continuing Saga of Indian Land Claims: Zuni Claims: An Expert Witness' Reflection
E. Richard Hart American Indian Culture and Research Journal, Vol. 24, No. 1, 2000, pp. 163-171. Examines the demand for justice and for the settlement of several land claims put forward by the Zuni Tribe of New Mexico. As a result of these demands three pieces of legislation were created by US Congress and three court cases were filed. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Court Decision Regarding Peyote and the Native American Church
Arizona Superior Court, Yale McFate American Anthropologist, Vol. 63, No. 6, New Series, December 1961, pp. 1335-1337. Transcript of judge's decision in the case of a woman charged with illegal possession of peyote. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
The Courts, Government, and Public Policy: The Significance of R. v. Marshall
Thomas Isaac Saskatchewan Law Review, Vol. 63, 2000, pp. 701-718. Focuses on the ramifications of the case in which the Supreme Court of Canada affirmed the Mi'kmaq treaty right to hunt, fish gather and trade for necessaries. More information... (Rating: 0.00, Votes: 4, Reviews: 0) Reviews | Rate It | Add to Favourites
Creating the Image of the Savage in Defence of the Crown: The Ethnohistorian in Court
Arthur J. Ray Native Studies Review, Vol. 6, No. 2, Advocacy and Claims Research, 1990, pp. 13-29. Discusses the challenges associated with the way historical evidence is presented and interpreted in the court room. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
The Cree Position
Matthew Coon Come Native Studies Review, Vol. 12, No. 2, Aboriginal Peoples and National Rights Issues in Quebec, 1999, pp. 115-120. Grand Chief of the Grand Council of Crees discusses the stance of the James Bay Cree with respect to the right to determine their own political future whether or not Quebec decides to separate. More information... (Rating: 0.00, Votes: 0, Reviews: 0) Reviews | Rate It | Add to Favourites
The Criminal Code of Canada: A Review Based on the Minister's Reference
H. Archibald Kaiser University of British Columbia Law Review, Special Edition: Aboriginal Justice, 1992, pp. 41-146. Lengthy review (100 pages), is a background study for the Law Reform Commission of Canada's report on Aboriginal Peoples and Criminal Justice; covers wide range of topics, both historical and contemporary, concerning the Canadian justice system's treatment of Aboriginal peoples. More information... (Rating: 0.00, Votes: 3, Reviews: 0) Reviews | Rate It | Add to Favourites
Culturally Modified Trees, Indian Reserves and the Crown's Fiduciary Obligations
Kent McNeil Supreme Court Law Review , Vol. 21, 2nd, 2003, pp. 105-138. Examines three court cases in 2002 that discuss provincial authority in relation to Aboriginal culture: Kitkatla Band v. British Columbia (Minister of Small Business, Tourism and Culture), Ross River Dena Council Band v. Canada and Wewaykum Indian Band v. Canada. [Find location of Ross River using Google Maps] More information... (Rating: 0.00, Votes: 0, Reviews: 0) Reviews | Rate It | Add to Favourites
Culture and the Courts: A New Direction in Canadian Jurisprudence on Aboriginal Rights?
Michael Murphy Canadian Journal of Political Science, Vol. 34, No. 1, March 2001, pp. 109-129. Discusses cases from Calder to Sparrow, but suggests that Van der Peet is a step backwards in the fight for the right to self government. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
"Culture and the Courts" Revisited: Group-Rights Scholarship and the Evolution of s.35(1)
Caroline Dick Canadian Journal of Political Science, Vol. 42, No. 4, December, 2009, pp. 957-979. Discusses the evolution of Aboriginal rights, concepts of identity and culture, theory of group rights, and consequences of the cultural test adopted by the Supreme Court of Canada. More information... (Rating: 0.00, Votes: 1, Reviews: 0) Reviews | Rate It | Add to Favourites
Cultures in Conflict: The Problem of Discourse
Robin Ridington Canadian Literature, No. 124-125 , Native Writers & Canadian Writing, Spring/Summer , 1990, pp. 273 - 289. Discussion on the problem of discourse in the Dunne-za/Cree trial, which pitted written documents against knowledge gained from the oral tradition of First Nations peoples. [Find location of Blueberry River First Nations using Google Maps] [Find location of Doig River First Nation using Google Maps] More information... (Rating: 0.00, Votes: 3, Reviews: 0) Reviews | Rate It | Add to Favourites
Dealing With the Legacy of Native Residential School Abuse in Canada: Litigation, ADR, [Alternative Dispute Resolution] and Restorative Justice
Jennifer J. Llewellyn University of Toronto Law Journal, Vol. 52, No. 3, Summer, 2002, pp. 253-300. Article gives a brief history of the schools, explains why the litigation process has been less than satisfactory, disputes ADR's viability as a non-judicial alternative, and discusses the possibility of using some model of restorative justice for dealing with the issue. More information... (Rating: 0.00, Votes: 4, Reviews: 0) Reviews | Rate It | Add to Favourites
Decision on Duck Creek: Two Green Bay Reservations and Their Boundaries, 1816-1996
James Oberly American Indian Culture and Research Journal, Vol. 24, No. 3, 2000, pp. 39-76. Investigates a legal dispute and survey error that was finally corrected, thus allowing Aboriginal fishermen to net suckers at Duck Creek, in Brown County, Wisconsin. More information... (Rating: 0.00, Votes: 5, Reviews: 0) Reviews | Rate It | Add to Favourites |
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