Examines Aboriginal issues pertinent to the development of oil and gas reserves within Alberta, such as unresolved First Nations Treaty and land claim issues and federal and provincial requirements for consultation on treaty and fiduciary obligations.
Discusses the historic approach of governments and the courts in addressing Aboriginal rights relating to land, and some of the key historical circumstances that have prevented resolution of the issues in the past. The article also looks at the current federal and provincial land claims policies in Ontario.
Discusses how the lack of recognition and respect of Aboriginal and treaty rights pose a barrier to maintaining healthy relationships between Anishinabek First Nations, government and police services.
Abstract: The territorial aspirations and achievements of Aboriginal minorities in the common-law jurisdictions of North America, Australia and New Zealand can be divided according to three varieties of political-legal situations; those in areas of initiation, enhancement and omission. In the first of these, to which attention is here confined, there has been no legally defined and protected land-base, and Aboriginal land claims are or have been the subject of recent litigation, negotiation and settlement.
Betsiamites Band Highways 138 and Riviere Betsaimites Bridge Inquiries - Final Report (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final report regarding the two specific claims arguing that reserve lands taken for highway construction were never surrendered to Canada and/or transferred to the Province of Quebec. Commissioners include : Sheila G. Purdy and Alan C. Holman.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
Address to the Rotary Club, Yellowknife, NWT by the Indian Claims Commissioner of Canada. Abstract: "The author believes that the claims of the indigenous people of the Northwest Territories as to ownership of resources and a right to direct participation in resource development, together with a high degree of political autonomy within the larger Canadian society, are just and well-founded. Given control of resources, the indigenous peoples are fully able to cope with the responsibilities that go with large resources and with autonomy..."
Historical background, analysis, and recommendation from Indian Claims Commission (ICC). Issue whether land used for projects was lawfully surrendered or expropriated. No determination by ICC as parties agreed to negotiate a settlement. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Final report regarding the two specific claims arguing that reserve lands taken for highway construction were never surrendered to Canada and/or transferred to the Province of Quebec. Commissioners include : Sheila G. Purdy and Alan C. Holman.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
Looks at the three main objectives of the Office of the Treaty Commissioner: recognize the past, resolve outstanding treaty issues and revive the treaty relationship through education.
Duration: 11:59.
Human Organization , vol. 64, no. 3, Fall, 2005, pp. 240-250
Description
Explores whether cultural differences either enhance or hinder the working-group effectives or resource co-management boards established under Canada's comprehensive land claims process.
Paper written for conference "Impact of the Haida and Taku River Decisions". Sponsored by the Pacific Business and Law Institute held January 26-27, 2005 in Vancouver. Summary of court decision and clarification of Aboriginal Rights.
Historical background and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. Commissioners include: Renée Dupuis and Alan C. Holman. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Cumberland House Cree Nation, IR 100A Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical backround and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. (French language version) Commissioners include: Renée Dupuis and Alan C. Holman.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
James Smith Cree Nation IR 100A Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background, submissions, and recommendations from Indian Claims Commission (ICC) hearing to determine if Canada breached its obligations in taking an invalid surrender and in its subsequent disposition of the land. ICC found that James Smith Cree Nation was not owed any lawful obligations, but recommended that Canada's obligations dealing with the disposition of IR100A be negotiated with Cumberland House Cree Nation. (French language version) Commissioners include: Renée Dupuis and Alan C.
James Smith Cree Nation Chakastaypasin IR 98 Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final Report regarding the James Smith Cree Nation's claim challenging the validity of the surrender and sale of the Chakastaypasin Band's Indian Reserve (IR) 98. (French language version) Commissioners include: Renée Dupuis and Alan C. Holman.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
Indian Brotherhood of the Northwest Territories and Metis and Non-Status Native Association of the Northwest Territories
Description
Press release relating to the first Joint General Assembly of the Indian Brotherhood of the Northwest Territories and Metis and Non-Status Native Association of the Northwest Territories. Ten resolutions were passed concerning land claims, economic development, local government and education.
Overview of the Indian Claims Commission's activities for the year including inquiries and reports, special initiatives and plans for the next year. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Outlines the inception and history of the Indian Claims Commission (ICC) and how it has gained credibility as an independent, neutral body conducting inquiries into specific claim disputes. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
This speech, given by L.I. Barber, Indian Claims Commissioner for Canada, at a Royal Society of Canada symposium on Amerindians, outlines the history of land claims in Canada and the negotiations occurring to settle the backlog of grievances relating to land claims. He also notes that Eskimo / Inuit concerns are only being recognized as a genuine concern in the early 1970s.
Saskatchewan Indian, vol. 4, no. 5, June 1974, p. 18
Description
At Chiefs' conference in Prince Albert, Indian Land Claims Commissioner, Dr. Lloyd Barber, advises on the research and procedures for effective land claims.
Honour Among Nations? Treaties and Agreements with Indigenous People
E-Books » Chapters
Author/Creator
Bradford W. Morse
Description
Comments on the value of treaty making for both parties.
Chapter 2 from Honour Among Nations? Treaties and Agreements with Indigenous People edited by Kathryn Shain, Marcia Langton, Maureen Tehan, Lisa Palmer.
[Canadian Petroleum Law Foundation Research Seminar, 2005]
Documents & Presentations
Author/Creator
A. W. (Sandy) Carpenter
Peter D. Feldberg
Description
Presents available information on rights, traditional territory, and site specific issues for assessing risks associated with oil and gas development in remote areas.
Final Report regarding the James Smith Cree Nation's claim challenging the validity of the surrender and sale of the Chakastaypasin Band's Indian Reserve (IR) 98. Commissioners include: Renée Dupuis and Alan C. Holman.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
Historical background, analysis and recommendations from the Indian Claims Commission (ICC) hearing to determine the validity of the surrender and sale of Indian Reserve (IR) 98. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background, submissions, and recommendations from Indian Claims Commission (ICC) hearing to determine if Canada breached its obligations in taking an invalid surrender and in its subsequent disposition of the land. ICC found that James Smith Cree Nation was not owed any lawful obligations, but recommended that Canada's obligations dealing with the disposition of IR100A be negotiated with Cumberland House Cree Nation. Commissioners include: Renée Dupuis and Alan C. Holman.
Historical background, submissions and findings from Indian Claims Commission (ICC) hearing regarding disputed land entitement and to determine whether James Smith Cree Nation and Cumberland Band 100A were lawfully amalgamated in 1902.. ICC found amalgamation agreement invalid and Canada breached its Treaty and fiduciary duties by failing to obtain the informed consent of the entire Cumberland Band. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
John Breretton describes what he knows of the history of some Alberta reserves including Saddle Lake, Washatanow, and Blue Quills. He talks about conflicts resulting from amalgamation.
Reviews claims by the Cumberland House Cree Nation, the James Smith Cree Nation, the Chakastaypasin Claim and Betsiamites Band claim. Complete issue on one pdf.
Addresses concerns about traditional resources and resource harvesting in the Athabasca oil sands area that the Mikesew Cree First Nation is dependent on.