Case Law

Displaying 351 - 400 of 1381

The Crown's Fiduciary Obligation toward Aboriginal Peoples

Documents & Presentations
Author/Creator
Maria Morellato
Looks decisions by the Supreme Court of Canada in six key cases R. v. Gladstone, R. v. Van Der Peet, Marshall v. Her Majesty the Queen, R. v. Adams, Delgamuukw v. Her Majesty the Queen, and Halfway River.
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CRRF Facts About ... Leading Aboriginal Treaty Rights Cases

Alternate Title
Canadian Race Relations Foundation Facts ... Leading Aboriginal Treaty Rights Cases
Documents & Presentations
Author/Creator
Canadian Race Relations Foundation (CRRF)

Discusses noted cases in Canada: The Queen v. Sikyea (1964) The Queen v. Taylor and Williams (1981) Simon v. The Queen (1987) The Queen v. Sioui (1990) The Queen v. Horseman (1990) Badger v. The Queen (1996) Marshall v. The Queen (1999).

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Cultural Genocide in Canada? It Did Happen Here

Articles » Scholarly, peer reviewed
Author/Creator
Ruth Amir
Aboriginal Policy Studies, vol. 7, no. 1, 2018, pp. 103-126
Discusses the Truth and Reconciliation Commission's position on residential schools, UN Convention on the Prevention and Punishment of Genocide and the Canadian government's position.
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Cultural Survival Canada - 15.4

Articles » General
Cultural Survival Quarterly, vol. 15, no. 4, A Decade of CSQ, Winter, 1991
Outlines recent court victories for the Grand Council of the Cree of Quebec, a reneged promise to the Lubicon Cree regarding logging in Alberta, and a fund-raising effort to offset lawyer fees for the people of Kanesatake.
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Culturally Modified Trees, Indian Reserves and the Crown's Fiduciary Obligations

Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Supreme Court Law Review , vol. 21, 2nd, 2003, pp. 105-138
Examines three court cases in 2002 that discuss provincial authority in relation to Aboriginal culture: Kitkatla Band v. British Columbia (Minister of Small Business, Tourism and Culture), Ross River Dena Council Band v. Canada and Wewaykum Indian Band v. Canada.
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Culture as Cultural Defense: An American Indian Sacred Site in Court

Articles » Scholarly, peer reviewed
Author/Creator
Bruce G. Miller
American Indian Quarterly, vol. 22, no. 1/2, Winter-Spring, 1998, pp. 83-97
Author explores some of the issues surrounding and roadblocks to creating a successful legal case for ensuring the court protection of a sacred site.
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Culture in Schooling in the Inuvialuit Settlement Region

Articles » Scholarly, peer reviewed
Author/Creator
Paul Berger
Jennifer Johnston
Melissa Oskineegish
In Education, vol. 22, no. 1, Indigenous Education, Spring, 2016, pp. 61-76
Study suggests that policy to move towards more culturally responsive schooling is yet to be realized.
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Cultures in Conflict: The Problem of Discourse

Articles » Scholarly, peer reviewed
Author/Creator
Robin Ridington
Canadian Literature, no. 124-125 , Native Writers & Canadian Writing, Spring/Summer , 1990, pp. 273 - 289
Discussion on the problem of discourse in the Dunne-za/Cree trial, which pitted written documents against knowledge gained from the oral tradition of First Nations peoples. Entire journal on one pdf. Scroll down to page 273 to read article.
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The Current Status of Tribal Water Rights in the United States

Articles » General
Author/Creator
John E. Echohawk
Resources (Canadian Institute of Resources Law), vol. 18, Special Issue: Legal Issues in Aboriginal Water Rights, Spring, 1987, pp. [2]-[4]
Discusses the landmark water rights case decided by the United State Supreme Court in 1908 and the cases currently in the courts. Entire issue on one pdf. To access article, scroll to page [2]
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Customary Water Laws and Practices in Canada

Documents & Presentations
Author/Creator
Linda Nowlan
Discusses the country's water resources and the legislation used to manage them, customary laws and the legal interface between Aboriginal rights and statutory rights.
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Dane-Zaa Oral History: Why It's Not Hearsay

Articles » Scholarly, peer reviewed
Author/Creator
Robin Ridington
BC Studies, no. 183, Autumn, 2014, pp. 37-62
Brief overview of court decisions involving the validity of oral history and discussion of specific stories, their meaning, and relationship to written accounts recorded by traders.
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Daniels v. Canada: Origins, Intentions, Futures

Articles » Scholarly, peer reviewed
Author/Creator
Joseph Eliot Magnet
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 26-47
Discusses case involving Métis and Non-Status Indians. Plaintiffs sought three declarations: that the two groups are "Indians" as defined by the Constitution Act, 1867; that the Crown owes a fiduciary duty to them; and they have the right to be consulted and negotiated with as to their rights, interests, and needs.
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Dealing with the “Community Conundrum”: Métis Responses to the Application of R v Powley in British Columbia—Litigation, Negotiation, and Practice

Alternate Title
Aboriginal Rights Litigation, Negotiation, and Practice among the Metis of BC: Community Perspectives on Creating Legal Change
Articles » Scholarly, peer reviewed
Author/Creator
Kerry Sloan
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 48-86
Case developed requirement that s. 35 rights be vested in "historic" communities (existed before European control) and there must be continuity with present-day communities. Author interviewed 23 people about problems with application of the decision in three cases: Howse, Nunn, and Willison.
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Dealing With the Legacy of Native Residential School Abuse in Canada: Litigation, ADR, [Alternative Dispute Resolution] and Restorative Justice

Articles » Scholarly, peer reviewed
Author/Creator
Jennifer J. Llewellyn
University of Toronto Law Journal, vol. 52, no. 3, Summer, 2002, pp. 253-300
Article gives a brief history of the schools, explains why the litigation process has been less than satisfactory, disputes ADR's viability as a non-judicial alternative, and discusses the possibility of using some model of restorative justice for dealing with the issue.
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[A Death Feast in Dimlahamid]

Book Reviews
Author/Creator
Tracey Lindberg
Native Studies Review, vol. 13, no. 1, 2000, pp. 115-117
Book review of: A Death Feast in Dimlahamid by Terry Glavin.
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[A Death Feast in Dimlahamid]

Book Reviews
Author/Creator
Robin Ridington
Native Studies Review, vol. 7, no. 2, 1991, pp. 115-117
Review of book: A Death Feast in Dimlahamid by Terry Glavin
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Decisions May Affect Residential Schools Suits

Articles » General
Author/Creator
Michael R. McAteer
Anglican Journal, vol. 125, no. 7, September 1999, p. [?]
Focuses on the Supreme Court ruling on vicarious liability in Bazley v. Curry and Jacobi v. Griffiths.
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Defining the Boundaries of Aboriginal Title after Delgamuukw

Articles » General
Author/Creator
S. Bradley Armstrong
Resources, vol. 62, Spring, 1998, pp. 2-5
"This article will address the question of establishing the geographic extent or legal boundaries of lands held under aboriginal title". Entire issue on one pdf. To locate article, scroll to page 2.
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Delgamuukw and Natural Resource Allocation Decisions

Articles » General
Author/Creator
John Donihee
Resources (Canadian Institute of Resources Law), vol. 62, Spring, 1998, p. [1]
Introduction to two articles in this issue of the newsletter that address the question of how the concept and principles underlying aboriginal title might be applied or transferred outside of British Columbia.
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Delgamuukw and Others v The Queen

Articles » Scholarly, peer reviewed
Author/Creator
Peter R. Grant
Aboriginal Law Bulletin, vol. 2, no. 52, October 1991, p. 26
Reports on the longest Aboriginal land claim trial in Canadian history. The court found that the difficulty faced by First Nations was not due to the unlawful dispossession of lands.
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Delgamuukw and the Protection of Aboriginal Land Interests

Articles » Scholarly, peer reviewed
Author/Creator
Gordon Christie
Ottawa Law Review, vol. 32, 2000-2001, pp. 85-116

Argues that determining the "extent to which title-holders have control over Aboriginal title lands," requires that the fiduciary responsibility of the Crown be considered as well.

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Delgamuukw Confirms Broad Aboriginal Rights Over Resources

Articles » General
Author/Creator
David Schulze
Resources (Canadian Institute of Resources Law), vol. 62, Spring, 1988, pp. [6]-8
Comments on a claim that covered both land settled by Euro-Canadians and unsettled land. Entire issue on one pdf. To access article, scroll to page 6.
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Delgamuukw Decision: A Historic Victory

Articles » General
Author/Creator
Kim Goldberg
Canadian Dimension, vol. 32, no. 2, March 1, 1998, p. 5
1997 Supreme Court of Canada ruling shifted British Columbia Treaty negotiations in favour of First Nations people.
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Department Rejection Can Still Be Fought

Articles » General
Author/Creator
Doug Cuthand
Leader-Post, August 13, 2007, p. A3
Discusses the denied Aboriginal rights claims by nine Dakota First Nations. Canada argues that these people are refugees, following the battle of the Little Big Horn in 1976, but the Dakota argues that they were in fact returning to their traditional lands in Saskatchewan and Manitoba.
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Descheneaux Information Session--PTMA Toolkit

Alternate Title
Descheneaux Information Session Toolkit
Backgrounder: Descheneaux and Bill S-3
Documents & Presentations
Author/Creator
Native Women's Association of Canada
Court case involved sex-based discrimination in the Indian Act with respect to status entitlement. Includes chronological list of federal legislation concerning Indian status and summary of issues in the case.
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Descheneaux v. Canada, 2015 QCCS 3555 – Case Summary

Documents & Presentations
Author/Creator
Mandell Pinder
Court considered whether registration provisions, which determine eligibility for status, in the Indian Act continued to discriminate against women and their descendants and limited their ability to pass on status, as compared to men. Found that several sections infringed on rights found in section 15 of the Canadian Charter of Rights and Freedoms, declared those sections inoperative, and gave Canadian government 18 months to enact new legislation.
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