McNeil, Kent

Looks at the way courts in Australia and Canada deal with indigenous rights and concludes that Canadian courts do more to preserve rights in the face of Crown grants.

Looks at legislative acts and extinguishment by the Crown of Native title to land.

Highlights provisions made in treaties and agreements ranging from the Peace and Friendship Treaties to the Charlottetown Accord and lists important court cases in chronological order.

Discusses the system of tenures at the time of settlement and how it was misunderstood to include Aboriginal occupied land.

Examines whether exercising right of self-government is subject to the Canadian Charter of Rights and Freedoms

Examines the ongoing debate regarding the application of the Charter to Aboriginal governments.

Overview of cases considered, and an explanation of the importance of R. v. Van der Peet which lays down the test for determining the existence of an Aboriginal right.

Gives a conceptual framework of Aboriginal title and self-government by examining case law.

Reviews decisions made by the Supreme Court which impact Aboriginal peoples in Canada.

Looks at the extent of Provincial jurisdiction to infringe on Aboriginal title for the purpose of resource development.

Focuses on Aboriginal rights and title to land in light of recent decisions by the Supreme Court of Canada.

Argues that British Columbia had been violating Aboriginal title in an illegal and unconstitutional fashion ever since it joined Canada in 1871.

Comments on the Delgamuukw decision and how this court case addressed what Aboriginal title is, how title can be proved, and how infringements can be justified.

Discussion of the effects of the Delgamuukw decision.

Chapter in book: Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision edited by Owen Lippert. Focuses on definition of Aboriginal title according to the courts, as both a property and constitutional right.

Discusses Aboriginal title to land, Indigenous law and common law. Uses the cases of R. v. Marshall and William v. British Columbia for examples.

Prepared as part of research program of the Royal Commission on Aboriginal Peoples

Comments on the Indian Act, the imposition of band government, and its impact on the inherent right to self-government.

Response to the article by Thomas Flanagan in Canadian Journal of Law and Society Vol. 7 (1992) page 185-206.

Chapter in book: Advancing Aboriginal Claims: Visions/Strategies/Directions edited by Kerry Wilkins.

Highlights the principles laid down in Chief Justice Antonio Lamer's leading judgement regarding the case of Delgamuukw v. British Columbia.

Focuses on the interpretation of Section 35 arising from the the Sparrow decision.

Argues that from the case Chippewas of Sarnia there may be a third method of extinguishment of Aboriginal title; extinguishment by exercise of judicial discretion.