Fiduciary Obligations
20 Years Later: RCAP's Legacy in Indigenous Health System's Governance - What About the Next Twenty?
Alternate Title
[Sharing the Land, Sharing a Future Forum, November 2016]
Documents & Presentations
Author/Creator
Yvonne Boyer
Josee Lavoie
Derek Kornelson
Jeff Reading
Description
Paper given at the Sharing the Land, Sharing a Future: Realizing the Promise, Facing the Challenge of Reconciliation" Forum, dialog and conference marking the 20th anniversary of the Royal Commission on Aboriginal Peoples, University of Manitoba, Winnipeg, November 2-3, 2016.
Aboriginal Children Living Off-Reserve: Ages 0-6 Years
Documents & Presentations
Author/Creator
Native Women's Association of Canada
Subcommittee on Children and Youth at Risk
Standing Committee on Human Resources Development and the Status of Persons with Disabilities
Description
Focuses on the challenges and needs of off-reserve Aboriginal children by addressing implications of mobility and jurisdiction.
Aboriginal Children Suffer While Governments Ignore Jordan's Principle
Articles » Scholarly, peer reviewed
Author/Creator
Noni E. MacDonald
CMAJ: Canadian Medical Association Journal, vol. 184, no. 8, May 15, 2012, p. 853
Description
Looks at a Nova Scotian teenager who has been denied disability benefits by the Government of Canada despite an agreement signed by federal and provincial governments.
Aboriginal Health: A Constitutional Rights Analysis
Alternate Title
Discussion Paper Series in Aboriginal Health. Legal Issues ; no. 1
Documents & Presentations
Author/Creator
Yvonne Boyer
Description
Looks at constitutional status to support the treaty right to medical services, fiduciary duty to provide medicines and health care, and Aboriginal right to health.
The Aboriginal Justice Implementation Commission of Manitoba, Canada
Articles » Scholarly, peer reviewed
Author/Creator
Paul Chartrand
Indigenous Law Bulletin, vol. 5, no. 13, November / December 2001, p. 76
Description
Establishment of a Manitoba commission, to review the report and recommendations of the Aboriginal Justice Inquiry, in order to determine what the province was responisble for implimenting in the recommendations. The report contained over 400 recommendations.
Aboriginal Land Rights in Canada: A Historical Perspective on the Fiduciary Relationship
Articles » Scholarly, peer reviewed
Author/Creator
Maureen Ann Donohue
American Indian Law Review, vol. 15, no. 2, 1990/1991, pp. 369-389
Description
General discussion of rights, review and comparison of cases and decisions in Canada and the United States, and a brief summary of social and legislative history in Canada.
The Aboriginal Right to Cultural Property
Alternate Title
Part I: Cultural Protection: The Story of a Saanich Bowl
Articles » Scholarly, peer reviewed
Author/Creator
Patrick Walker
Clarine Ostrove
University of British Columbia Law Review, Special Issue: Material Culture in Flux: Law and Policy of Repatriation of Cultural Property, 1995, pp. [13]-28
Description
Article outlines one possible legal response to the imminent export of a scared object under the Cultural Property Export and Import Act.
Aboriginal Rights: The Dispossession of the Métis
Articles » Scholarly, peer reviewed
Author/Creator
Paul L. A. H. Chartrand
Osgoode Hall Law Journal, vol. 29, Fall, 1991, pp. 457-482
Description
Examines Section 31 of the Manitoba Act, 1870 and the provisions for a land settlement scheme for the benefit of Métis people and the extinguishment of Aboriginal, or as it was then, Indian title.
The Aboriginal Role in the Development of Albertan Oil and Gas Reserves
Documents & Presentations
Author/Creator
Sherry Norton
Shelley Zwicker
Description
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.
Aboriginal Title and Rights: Foundational Principles and Recent Developments
Alternate Title
Annual Review of Civil Litigation 2008
Constitutional and Human Rights Conference ; 2009
The McLachlin Court's First Decade: Reflections on the Past and Projections for the Future
E-Books » Chapters
Author/Creator
Maria Morellato
Mandell Pinder
Description
Chapter from: Annual Review of Civil Litigation 2008 edited by Todd L. Archibald, Randall Scott Echlin. Looks at Aboriginal title, rights and legal obligations.
Aboriginal Title and the Provinces After Tsilhqot'in Nation
Articles » General
Author/Creator
Kent McNeil
The Supreme Court Law Review, vol. 71, no. 1, 2015, pp. [67]-89
Description
Looks at changes to inherent limit and extension resulting from the Tsilhqot'in Nation v. British Columbia case. Focuses on changes to provincial jurisdiction over Aboriginal titled lands and land use.
Accommodation of Aboriginal Rights: The Need for an Aboriginal Forest Tenure
Alternate Title
Accommodation of Aboriginal Rights: The Need for an Aboriginal Forest Tenure (Synthesis Report)
Documents & Presentations
Author/Creator
Monique M. Ross
Peggy Smith
Description
Focuses on Aboriginal peoples’ interests in and access to provincial Crown forest lands.
Ahenakew Warns of Attempts to Shift Services
Articles » General
Saskatchewan Indian, vol. 5, no. 18, October 17, 1975, p. 2
Description
Chief of the Federation of Saskatchewan Indians warned the delegates of the 17th General Assembly of the dangers of losing Treaty rights by incorporating or signing education agreements. He urged them to press for a single service federal agency.
Alexis First Nation, TransAlta Utilities - Right of Way, Public Edition
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Document contains statements of claim, correspondence/letters, maps and transcripts in regards to Calgary Power's (now TransAlta) access to electrical transmission right of way granted in the 1950s and 1960s. The Commissioners include: Roger J. Augustine, Daniel J. Bellegarde, Sheila G. Purdy.
American Indian Tribes’ Financial Accountability to the UnitedStates Government: Context, Procedures and Implications
Alternate Title
Setting the Agenda for Change ; vol. 2
Aboriginal Policy Research ; vol. 2
Aboriginal Policy Research Conference ; 1st, 2002
E-Books » Chapters
Author/Creator
Catherine Curtis
Miriam Jorgensen
vol. 2
Description
Overview of methods used by U.S. government to move funds to tribes.
Chapter one from Setting the Agenda for Change, vol. 2, which is also vol. 2 in the Aboriginal Policy Research series.
Originally presented at the Aboriginal Policy Research Conference, 2002.
Anishinabek Perspectives on Resolving Rights Based Issues and Land Claims in Ontario
Documents & Presentations
Author/Creator
Dwayne Nashkawa
Description
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.
"Another Chapter in the Pursuit of Reconciliation and Redress...": A Summary of Daniels v. Canada at the Supreme Court of Canada
Documents & Presentations
Author/Creator
[Jason Madden
Nuri Frame
Zachary Davis
Megan Strachan]
Description
Plaintiffs asked for three judicial declarations: that Métis and non-status Indians are considered "Indians" in the Constitution Act, 1867, that federal Crown owes a fiduciary duty to the two groups, and that they have the right to be consulted and negotiated with by the federal government.
Are Native Men and Women Accessing the Health Care Facilities? Findings From a Small Native Reserve
Articles » Scholarly, peer reviewed
Author/Creator
Mitch Verde
Han Z. Li
Canadian Journal of Native Studies, vol. 23, no. 1, 2003, pp. 113-133
Description
Argues that gender specific strategies must be used, looks at the frequency of local health care visits and finds three major problems in the health care system including lack of confidentiality.
Are We Doing Enough?: A Status Report on Canadian Public Policy and Child and Youth Health
Documents & Presentations
Author/Creator
Canadian Paediatric Society
Description
Report card for provinces and territories with respect to implementation of Jordan's Principle appears on p. 28. None have shown improvement since 2009 report.. Recommended actions are included as well.
At the Intersection of Apology and Sovereignty: The Arctic Exile Monument Project
Articles » Scholarly, peer reviewed
Author/Creator
Pauline Wakeham
Cultural Critique, no. 87, Spring, 2014, pp. 84-143
Description
Discusses motives behind experimental relocation project where Inuit families were re-established in settlements in the remote High Arctic in the 1950's.
Athabasca Chipewyan First Nation Inquiry, W.A.C. Bennett Dam and Damage to IR 201, Public Edition July 2008
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Document contains submissions, reports, studies, correspondence/letters and video in regards to inquiry which was trying to determine whether the Crown owes compensation in relation to the dam construction. Commissioners include: P.E. James Prentice, Carole T. Corcoran, Aurélien Gill.
Athabasca Chipewyan First Nation Inquiry: WAC Bennett Dam and Damage to Indian Reserve 201 [Inquiry Report, English Language Version]
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and submissions to the Indian Claims Commission (ICC) regarding Canada breaching its fiduciary obligations to the Band for environmental damages to Reserve 201 caused by construction and operation of the W.A.C. Bennett Dam. ICC found Canada has a lawful obligation and recommends the claim be negotiated under Canada's Specific Claims Policy. Commissioners include : P.E. James Prentice, Carole T. Corcoran, Aurélien Gill. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Away From the Indian Act: Treaty Governance at Tsawwassen First Nation
Articles » Scholarly, peer reviewed
Author/Creator
Chief Kim Baird
Aboriginal Policy Studies, vol. 1, no. 2, 2011, pp. 171-181
Description
Discusses the legacy of the Indian Act and the challenges and opportunities for reconciliation with compensation & redress, relationship-building, and governance.
Bande de Betsiamites: Enquêtes Relatives à la Route 138 et au Pont de la Rivière Betsiamites
Alternate Title
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.]
Betsiamites Band Council, Route 138 and the Betsiamites Reserve, Public Edition, July 2008
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of bilingual annotated index, historical documents, maps, correspondence/letters, Band Council documents and final reports relating to the Band's claims alleging that reserve lands taken for highway use 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.]
Black Dollars Go Everywhere But To Blacks
Articles » General
Author/Creator
Joel Gibson
Debra Jopson
Aboriginal & Islander Health Worker Journal, vol. 31, no. 5, September/October 2007, p. 21
Description
Chronicles creative accounting practices by the Australian government pertaining to their definition of 'spending' on Indigenous affairs.
Blood Tribe / Kainaiwa Big Claim Inquiry
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Concludes that, although a reserve in the Blood Tribe’s home base was not formally set aside by Treaty 7, a joint reserve along the Bow River was set aside for the Blood Tribe, the Blackfeet, and the Peigan. This reserve should be located within the Blood Tribe's territory subject to the terms of Treaty 7. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Blood Tribe/Kainaiwa - The Big Claim
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Documents include Treaties, correspondence/letters, reports, submissions, maps and other related historical materials regarding The Big Claim by the Blood Tribe/Kainaiwa. Commissioners include: Daniel J. Bellegarde 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.]
Blueberry River Indian Band v. Canada (Department of Indian Affairs and Northern Development), [1995] 4 S.C.R. 344
E-Books » Chapters
Author/Creator
Supreme Court of Canada
Supreme Court Report
Description
Looks at the validity of surrender of reserve land and the nature of the duty of the Crown prior to surrender. Supreme Court Reports at page 344 to 409. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]