Native Studies Review, vol. 14, no. 1, 2001, pp. 1-26
Description
Introduction to Supreme Court of Canada decision regarding Aboriginal rights and title in British Columbia. Part one focuses on Chief Justice Lamer's judgement looking at the evidence.
Environmental Impact Assessment Review, vol. 21, no. 4, pp. 363-384
Description
Discusses the two most influential environmental assessments; the Berger Inquiry (Mackenzie Valley Pipeline Inquiry) and BEARP (Beaufort Sea Environmental Assessment and Review Process) as well as the Great Whale River Hydroelectric Project in Northern Quebec and the Ekati Diamond Mine in NWT.
Historical background, submissions and recommendation from Indian Claims Commission (ICC) hearing to determine whether band members voting on surrender of part Reserve 73 were eligible under the Indian Act. ICC recommended the claim be accepted for negotiation under the Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Looks at the intellectual, structural and political attributes of the British Columbia Treaty Commission (BCTC) process in order to see why it failed. Provides recommendations for future collaboration between governments and Indigenous Nations.
Paper from Indigenous Peoples in the International Sphere.
Final project report.
Examines the role of the Alsek Renewable Resource Council in Yukon’s first forest management plan, and the challenges associated with the devolution of forest management planning responsibilities.
Article explores governments' failure to implement, in legislatures and court systems, the Commission's recommendations regarding Aboriginal and treaty rights to land and resources.
Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine whether Canada failed to satisfy its fiduciary obligation to the Band for exclusion of reserves from its land base. ICC found in the Band's favour and recommended claim be accepted for negotiation under Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Ottawa Law Review, vol. 33, 2001-2002, pp. 301-346
Description
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.
Brief description of why the Indian Claims Commission was established and what it does. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
The Beaver, vol. 81, no. 6, December/January 2001/2002, pp. 31-[?]
Description
Discusses how pretext of enforcing British law was used to force the Cowichan to submit to British authority and gain access to their land without an agreement.
Looks at agreements signed between mining companies and First Nation communities in Canada in order to establish formal relationships between them, to reduce the predicted impact of a mine, and to secure economic benefist for affected communities.
Overview of the Indian Claims Commission activities for the year, including status of claims, summary of claims, inquiry reports, inquiries and mediation and facilitation.
Reports include the Roseau River Anishinabe First Nation Inquiry, the Peguis First Nation Inquiry and the Cowessess First Nation Inquiry. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
American Review of Canadian Studies, vol. 31, no. 1-2, [Aboriginal Peoples: Special Issue], Spring/Summer, 2001, pp. 283-299
Description
Comments on the creation of Nunavut Territory and the benefits this presented to the Inuit people including renewed sense of pride, identity and autonomy.
Discusses activities of the Indian Claims Commission over the past ten years and features an interview with Ralph Brant, Director of Mediation. Complete issue on one pdf.
Looks at oral history as part of the Commissions inquiry process and its recommendation to the federal government to accept Esketemc land claim. Complete issue on one pdf.
Federal Court decision concerning claims of the Squamish Indian Band and the Musqueam Indian Band regarding issues arising from surrender and loss of use of the False Creek Indian Reserve, established in 1869.
Examines the international legal doctrine of self-determination and its application to the situation of indigenous peoples.
International Law Thesis --University of Lund, 2001.
Anthropology, Interdisciplinary Arts and Sciences, Thesis (Ph.D.)--Union Institute, Cincinnati, Ohio, 2001.
Discussion of the James Bay Crees fight, called the Great Whale Campaign (1989-1994), to keep a dam from being built in their territory.
Northern Perspectives, vol. 27, no. 1, Fall/Winter, 2001, pp. 1-3
Description
Introductory article to the oil and gas issue that chronicles past development and states current proposals in relation to unresolved land and governance issues.
Historical background and submission to Indian Claims Commission (ICC) in respect to the Crown deducting payments for medical aid from 1909-1934 from the Band's interest trust account. ICC recommended that the claim be accepted for negotiation and that the subject of medical aid is worthy of a comprehensive study to clarify the intentions of the various treaties. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Canadian Journal of Native Studies, vol. 21, no. 2, 2001, pp. 309-331
Description
Describes how the two First Nations view their connection to the land as going back lifetime before lifetime, which has motivated their challenges in the Canadian legal system.
Discusses issues involved in the withdrawal from the Assembly of First Nations with indications that Treaty issues and land claims were central precipitating factors.
Discusses the negotiating problems between Aboriginal groups and mining companies and the need to develop a long-term vision about mineral development.
Discussion of how neither federal nor provincial governments took responsibility for Innu. While they have finally been granted Indian status, they have no reserve, but do have legitimate land claims that must be settled.