Discusses court case between landowners and Sami reindeer herders regarding land entitlements whereby the supreme court upheld the Sami customary right to graze reindeer on private lands.
Aboriginal History, vol. 42, December 2018, pp. 141-172
Description
Author explores oral traditions which document what is now Musgrave Park in South Brisbane, Queensland as a pre-settlement Aboriginal camp and meeting place; offers critical assessment of settler narratives surrounding Indigenous camps as inaccurate and marginalizing.
Discusses the United Nations Declaration on the Rights of Indigenous Peoples, the Aboriginal rights provisions of the Constitution of Canada, a variety of legal decisions from Canada, and examples from Indigenous communities and peoples in northern Canada.
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.
BC Studies, no. 170, Provincial Parks, Summer, 2011, pp. 174-175
Description
Book review of: Aboriginal Title and Indigenous Peoples edited by Louis A. Knafla and Haijo Westra.
Entire review section on one pdf. To access this review scroll to p. 174.
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.
Northern Public Affairs, vol. 6, no. 1, Redefining the Northern Research Landscape, July 2018, pp. 62-65
Description
Article discusses the multiple forced relocations that the Inuit Elder experienced in his youth, the consequences for his people, and his work to publicize the story of the relocations and to advance a claim for compensation and an apology on behalf of his community.
NAIS: Journal of the Native American and Indigenous Studies Association, vol. 5, no. 1, Spring, 2018, pp. 136-167
Description
Looks at Kiowa responses to allotment by comparing N. Scott Momaday’s canonical literary work to Mark Palmer's "Indigital" cartography in terms of understanding, recording and remembering the process and effects of the United States government’s policy in the Oklahoma territory.
Journal of the Canadian Historical Association, vol. 22, no. 2, New Series, 2011, pp. 195-236
Description
Case study focuses on the consequences of the weapon tests conducted by the United States in Micronesia. Residents were forced to relocate for more than 30 years, received little assistance to re-establish themselves in the new location and no compensation until they took legal action.
American Indian Quarterly, vol. 42, no. 4, Fall, 2018, pp. 508-533
Description
Article uses archival and ethnographic evidence to examine land tenure within a southwestern Oklahoma county; examines how the system created to protect the rights of Indigenous landowners actually functions to redirect access to the land, to the economic benefit of non-Indigenous ranchers and farmers.
Looks at the effects of government policy in both Australia and Canada and the lack of progress addressing long term solutions for Aboriginal communities.
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.
Native Studies Review, vol. 20, no. 2, 2011, pp. 51-89
Description
Study of Tsilhqot’in Nation v. B.C. in terms of anthropological testimony and its interpretation by the courts. Case involved forestry practices and resource extraction.
Native Studies Review, vol. 16, no. 2, 2005, pp. 125-149
Description
Book review of: Making Native Space: Colonialism, Resistance, and Reserves in British Columbia by Cole Harris. Comments by Cole about the review also included.
Indigenous Law Journal, vol. 16/17, no. 1, 2018, pp. 67-84
Description
Discusses the role archival material plays in common law and the consolidation of state power, and questions whether this circumscribes the courts’ ability to address historical injustices. Uses the case of R v Van der Peet to illustrate two different approaches to the question of Aboriginal title.
Refers to cases:R v Van der PeetDelgamuukw v British Columbia
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.]
All Our Relations: Finding the Path Forward, Lecture 2
[2018 CBC Massey Lectures]
[Ideas with Paul Kennedy]
Media » Sound Recordings
Author/Creator
Tanya Talaga
Description
Tanya Talaga, prize-winning journalist and author of Seven Fallen Feathers delivers the the second of the 2018 Massey Lectures in Halifax.
Talaga's second lecture focuses on the effects for Indigenous peoples of displacement from their traditional territories and of ongoing contemporary extractive resource economies.
Duration: 53:59
Arctic, vol. 71, no. 4, December 19, 2018, pp. 422-430
Description
Study compares bird use of rehabilitated oil extraction sites with that of nearby reference sites; finding demonstrate that sites studied 3 to 10 years post-site rehabilitation are not comparable to nearby reference site in regards to shorebird and passerine habitat (nesting/breeding), but they do seem to support waterfowl. Additional shorebirds and passerines are using these sites for foraging and resting.
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.
Wicazo Sa Review, vol. 20, no. 1, Spring, 2005, pp. 49-69
Description
Discusses concerns by Native American communities of the impacts of science, research and information on nation building and the protection of their rights and culture.
American Indian Quarterly, vol. 35, no. 2, Spring, 2011, pp. 192-214
Description
Analyzes a speech given by Duwamish and Suquamish Indian Chief Sealth or Seattle, along with Henry Smith's account, concerning the concession of native lands to the settlers and a plea for respect of Native American rights and environmental values.
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.
Wicazo Sa Review, vol. 26, no. 1, Spring, 2011, pp. 5-41
Description
Discusses the conflict between anthropologists & archaeologists and Indigenous peoples on the rule for the disposition of culturally unidentifiable Native American human remains in the possession or control of museums or Federal agencies.
Transmotion, vol. 4, no. 2, Red Readings, December 30, 2018, pp. 80-112
Description
Paper combines interviews and legal scholarship to discuss the outcomes of oil extraction in Mandan, Hidatsa, Arikara Nation (MHA) territory while considering past appropriations of tribal land, environmental consequences, and Indigenous sovereignty.
Explores land-based education through interviews with six Swampy Cree Elders from Northern Manitoba. Five themes emerged: counseling from the Elders, traditional teachings, ceremonies, and a connection to the land.
Examines the use of physical occupation and civil disobedience by Aboriginal peoples to accomplish their objectives relating to land, treaty, and other rights; and examines the impact of the Nu-Chah-Nulth First Nations’ blockade on forest practices in Clayoquot Sound, Vancouver Island, British Columbia.
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.]