Produced as a result of dissatisfaction with the Department of Indian and Northern Affairs' engagement process for the development of proposed legislative framework for drinking water in First Nation communities. Looks at three types of water-related rights: water, self-government, and adequate levels of environment protection.
CAP VI: An Act for the Gradual Enfranchisement of Indians, the Better Management of Indian Affairs, and to Extend the Provisions of the Act 31st Victoria, Chapter 42 [Assented to 22nd June, 1869.]
Documents & Presentations
Author/Creator
Government of Canada
Description
Act discusses the lawful possession of lands, proceedings used to eject people not in lawful possession, penalty for persons selling liquors, and much more. The Act has 24 sections in total.
An Act to Amend “The Indian Act.” S.C. 1887, c. 33 (50-51Vict.) [Assented to 23rd June, 1887.]
Documents & Presentations
Author/Creator
Government of Canada
Description
Contains material on band membership inquiries by the Superintendent General, logging on reserve land, stopping of a payment of an annuity and interest money to any woman who lives immorally (section 73), intoxication and prostitution.
Indigenous Affairs, no. 2-3, Arctic Oil and Gas Development, 2006, pp. 30-39
Description
Examines oilsands expansion, the impacts on Aboriginal rights and policy determinants for assessing these impacts.
To access this article, scroll down to page 30.
The International Human Rights Clinic at Harvard University
Description
Discusses the environmental damage that mining, including exploration, has caused the Takla Lake First Nation. The paper includes an overview of international and domestic Aboriginal rights law; analyzes the problems mining raises for First Nations; and concludes that structural, procedural, and substantive legal reforms are needed.
Discusses history and culture of First Nations groups including the Coast Salish, Nlaka’pamux, Ts'ilhqot'in Secwepemc, Okanagan, Stl’atl’imx, Wet’Suwet’en, Sekani, and Dakelh First Nations.
Overview of significant decisions in the areas of: Aboriginal rights and title, costs, division of powers, duty to consult, fiduciary duty, Honour of the Crown, Indian Act Registration, infringement, specific claims, treaties, etc.
Looks at how the Canadian economy has been built by using Indigenous lands and waterways to create corporate profit and national power and how this process has left First Nations impoverished. Discusses the reparations needed as part of decolonization process.
Discusses how Crown and Indigenous governments can engage with each other on the basis of a nation-to-nation relationship to develop regimes for management of resources which ensure mutually beneficial outcomes.
Analysis includes sections dealing with: application of the Act; definition and registration of Indians; reserve lands (ownership, trespass, surrenders, lands taken for public purpose, and management); estates; management of Indian moneys; election of Chiefs and Councilors and powers of Councils; enfranchisement; and taxation.
Discusses the importance of traditional governance systems, and efforts for revising constitutions to support Indian Nations' sovereignty including changing the criteria for White Earth citizenship.
Duration: 55:50. Includes transcript.
Requires creation of free account to access materials.
Semiahmoo First Nation v. Minister of Aboriginal Relations and Reconciliation
Documents & Presentations
Author/Creator
Supreme Court of British Columbia
Description
Argues that other First Nations have overlapping claims to Aboriginal title within the Tsawwassen First Nation Agreement and consultation with them should take prior to signing the final agreement.
Canadian Journal of Political Science, vol. 40, no. 1, March 2007, pp. 185-207
Description
Examines why the Inuit were able to complete and sign their Labrador Inuit Land Claims Agreement, but the Innu were not able to complete their agreement with the government.
Purpose of project was to examine how Indigenous peoples envision governance within an UNDRIP-defined Nation-to-Nation relationship with Canada, and begin formulating questions about how Nations would interact with other governments in the country.
BC Studies, no. 192, Nikkei History, Winter, 2016/2017, pp. 150-152
Description
Book reviews of:
From Recognition to Reconciliation by Patrick Macklem, Douglas Sanderson.
From Treaty Peoples to Treaty Nation by Greg Poelzer, Ken. S. Coates.
Entire review section on one pdf. To access this review scroll to p. 150.
Webinar provides an overview of agreements between mineral resource developers and Aboriginal communities with limited government interference. Also leads a discussion with participants about Aboriginal community signatories’ expectations, community consent, and the possibility of standardizing IBA negotiations.
Duration: 1:01:00.
Discusses the ramifications of Bill C-31, which amended the Indian Act, and the policy options available to the Registrar of Indian and Northern Affairs to deal with the inequities that have arisen in terms of children having status.
American Indian Culture and Research Journal, vol. 21, no. 1, 1997, pp. 131-154
Description
Discusses the impact of various legislation including the Jay Treaty of 1794, which assured border crossing rights, the 1891 Immigration Act deeming them neither USA nor Canadian citizens, and the Alien Registration Act of 1940 that classified First Nations as aliens.
Discusses priorities and challenges of tribal, state and local governments including exercising effective sovereignty and achieving nation-building goals.
Duration: 39:00.
Research Paper (National Centre for First Nations Governance)
Research Paper for the National Centre for First Nations Governance
Documents & Presentations
Author/Creator
Frances Abele
Description
Analysis of the written Act from public administration and political science perspective, without the context of application or important court decisions.
Argues that while, on the surface Canada may seem to have respected the right to self-government, in practical terms it has done little and a landmark decision is needed to speed the process.
Agreement to improved government relations with Aboriginal communities regarding decisions about land use, resource use and revenue-sharing in British Columbia.