Case Law

Investigates the impact of the substantial reductions in commercial fishing opportunities on the Fraser River during the 1998-2001 period.

Provides overview of Métis history, reviews significant agreements and legislation, indexes case law summaries and discusses new developments.

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.

Website includes sessions on Aboriginal justice, restorative youth justice, and Intergovernmental tensions. Some links lead to full text access of the presentations.

Analyzes Supreme Court of Canada rulings which have refined the content of the significant constitutional provision.

Discusses identity, customary adoptions and Supreme Court rulings.

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.

Looks at decisions by the Supreme Court and the application of honour and duty to interpretation.

Argues that 20 years after problems were first publicized about child welfare little has changed, except for the policy that First Nations' children cannot be placed for adoption without the consent of the child's band or the First Nations' Child and Services agency.

Brief look at the issues that were considered by the Federal Court of Appeal.

Article seeks to illustrate the complexity of the ownership issue and urges governments and museums to reevaluate perceived rights to cultural property.

Looks at Aboriginal customary law dealing with ancestral designs, ritual knowledge and intellectual property.

Based on sample of 22 on-reserve businesses regarding structure, capital, information channels and problems.

Anthropology and Sociology Thesis (M.A.)--The University of British Columbia, 1996.

Looks at current and historical trends at provincial/territorial and federal levels using data from the Adult Correctional Services Survey conducted by Statistics Canada.

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.

Power point provides overview of history, facts about current situation, Constitutional rights, the Crown's duty to consult and accommodate, and Canada's international obligations.

Summarizes key decisions relevant to industry and project proponents and discusses how they effect carrying out the duty to consult with Indigenous peoples.

Provides case comments compiled by Donovan & Company, a law firm dealing exclusively in Aboriginal law.

Decision of the Supreme Court of Canada concerning traditional rights of Metis as Aboriginal peoples and recognition of the right to exercise them.

Links include sites about land claims, Treaty, case law, business, media, First Nations, Inuit, Metis organizations, and a gateway to many Native American sites.

Looks at how the law can assist with the development of self-government rights.

Brief discussion of legislative framework, exemptions from federal, provincial, and municipal taxation, and pertinent court cases.

Various contributors give the "Aboriginal perspective" on the current applications of the Criminal Code, workings of the justice system in general, and required improvements.

Traces historical issues, negotiations and developments from pre-confederation through to the Charlottetown Accord of 1992.

Book review of: Aboriginal Peoples and Politics by Paul Tennant. Scroll down to page 227 to read review.

Paper written for the Ipperwash Inquiry into the death of Dudley George.

"A paper originally prepared for the Westbank First Nation's conference 'Making or Breaking the Treaty Process: The Constitutional Status of Treaty Settlement Land', Kelowna, BC, May 31, 2006." Paper provides the basic Constitutional background for the conference.

Dispute Resolution Thesis (M.A.)--University of Victoria, 2002.

Article outlines one possible legal response to the imminent export of a scared object under the Cultural Property Export and Import Act.

Assessment of the Sparrow case in light of the two competing theories of Aboriginal rights; contingent rights requiring state action for their existence and inherent rights rooted in Aboriginality.

Discusses various legal decisions relating to Aboriginal rights.

Introduction to Supreme Court of Canada decision regarding Aboriginal rights and title in British Columbia. Part one focuses on Chief Justice Lamer's judgement looking at the evidence.

Reviews the 1997 Delgamuukw decision by the Supreme Court of Canada critical to determining the nature and extent of Aboriginal rights and title; and provides insight into the anthropological and legal approaches to title and rights.

Fact sheet on legal issues and case law concerning issues of access, control, ownership and management of natural resources.

Research paper on legal issues and case law concerning access, control, ownership and management of natural resources.

Book review of Aboriginal Rights Claims and the Making and Remaking of History by Arthur J. Ray.

Looks at the case Peters v. Campbell regarding the Coast Salish Aboriginal initiation tradition and the Nisga'a treaty. Scroll down to page 13 to read article.

Gives a conceptual framework of Aboriginal title and self-government by examining case law.

Overview of cases considered, and an explanation of the importance of R. v. Van der Peet which lays down the test for determining the existence of an Aboriginal right.

Reviews decisions made by the Supreme Court which impact Aboriginal peoples in Canada.

Law Thesis (LL.M.)--University of Victoria, 2009