Aboriginal and Treaty Rights in Canada: Essays on Law, Equality, and Respect for Difference; Treaty Talks in British Columbia: Negotiating a Mutually Beneficial Futuredgh864Fri, 10/04/2013 - 00:00
Book Reviews
Author/Creator
Marlene R. Atleo
BC Studies, no. 114, Summer, 1997, pp. 102-105
Description
Book reviews of two books: Aboriginal and Treaty Rights in Canada edited by Michael Asch.
Treaty Talks in British Columbia by Christopher McKee.
Scroll down to page 102 to read review.
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.
Alberta History, vol. 53, no. 3, Summer, 2005, pp. 13-24
Description
Discusses a gathering of Kainai, Pikuni and Siksika Nations for a political convention conducted under the surveillance by the Royal Canadian Mounted Police.
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.
Discusses historical trends of surrendering reserve land to speculators and current trends of land purchase through the Treaty Land Entitlement Agreement.
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.]
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.]
[Legislative Summary (Research Branch, Libary of Parliament)] ; LS-415E
Documents & Presentations
Author/Creator
Mary C. Hurley
Government of Canada
Description
Gives the legislative history of Bill C-37; legislation that facilitates land claim settlements, particularily those resolving treaty land entitlement and specific claims.
Canadian Journal of Native Studies, vol. 22, no. 2, 2002, pp. 399-402
Description
Book reviews of 10 books:
An Overview of Aboriginal and Treaty Rights and Compensation for their Breach by Robert Mainville. Black Elk Lives: Conversations With the Black Elk Family by Esther Black Elk DeSersa, Olivia Black Elk Pourier, Aaron DeSersa Jr., Clifton DeSersa.
Black Elk Speaks, Being the Life Story of a Holy Man of the Oglala Sioux told through John G. Neihardt (Flaming Rainbow) by Nicholas Black Elk.
Choctaws at the Crossroads: The Political Economy of Class and Culture in the Oklahoma Timer Region by Sandra Faiman-Silva.
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.
Presentation outlines the AFN's position on Bill C-6, essentially saying that it is a flawed piece of legislation that must be revamped through a cooperative approach.
Indian Claims Commission (ICC) was to determine if moneys owed by Crown from the sale of surrendered land had been wrongfully appropriated by an officer of the Indian Dept. No inquiry was conducted as after several planning sessions, Canada accepted the claim for negotiation. Commissioners include: Phil Fontaine and Daniel J. Bellegarde. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
"Co-Existence of Indigenous and Non-Indigenous Land Rights: Australia and Canada Compared in Light of the Wik Decision "
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Indigenous Law Bulletin, vol. 4, no. 5, 1997, pp. 4-9
Description
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.
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.
American Indian Quarterly, vol. 21, no. 2, Spring, 1997, pp. 229-249
Description
Authors explore the principles of cultural landscapes, traditional cultural properties, and consider different social and political factors that contribute to the effectiveness of these concepts in protecting Indigenous artifacts and significant places.
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.]
Author argues that race is an idea and not a biological fact, therefore Aboriginal rights are not products of ill-conceived "race-based" notions, but rather they are fundamental values and general principles.