Constitution

Decision that demonstrates the constitutionalisation of Aboriginal rights and argues that Aboriginal rights need to be respected in their own terms and not necessarily simply to fit within common law concepts.

Papers presented at a forum held under the auspices of the BC Treaty Commission and the Law Commission of Canada., March 2-3, 1999.

Explores the religious oppression the Indigenous people of the United States have experienced for more than two hundred years.

Contends that Michigan's experiment with citizenship should not be viewed as a failure.

Indigenous Studies Thesis (Ph.D.)--University of Wollongong, 2016

Looks at past Aboriginal experiences in the development of Canada, the Canadian Constitutional debate, and future position Aboriginal people hold in society.

Looks at section 91 (24) of the Constitution Act prior to 2014 regarding interjurisdictional immunity and Crown responsibility; and the Tsilhqot'in and Grassy Narrows case whereby pre-existing law was disregarded.

Comments on the decision from the case of Trevorrow v. South Australia [No. 5]

Looks at recently created co-managed regulatory boards in three northern Canadian territories: Nunavut, the Northwest Territories and the Yukon. To access this article, scroll down to page 26.

Contends that within the context of the Aboriginal community, forestry was found to have a marginal contribution to social and economic status.

British Court rejects obligations of the Crown under Treaty to First Nations in Canada.

Political Science Thesis (M.A.)--University of British Columbia, 1991.

Looks at history, economics and politics to explain internal instability and the exploitation of resources. To access this article, scroll down to page 24.

Book review of: Subjugation, Self-Management and Self-Government of Aboriginal Lands and Reserves in Canada by Richard H. Bartlett.

Examines the development, use and impact of term sui generis (meaning of its own kind or genus being unique in characteristics) to describe Aboriginal rights.

Looks at the changed direction the Supreme Court of Canada has taken on issues of treaty and aboriginal rights.

Law Thesis (L.L.M.)--University of Calgary, 1999.

Discussion of the balance between governing and constitutional acceptance of self-government rights.

Discusses getting constitutional changes by using indirect approaches.

Human and Social Development Thesis (M.A.)--University of Victoria, 2010.

Assists non-Aboriginal teaching faculty to better understand Aboriginal learners and their learning needs.

Examines media coverage of the Aboriginal protest regarding the appropriation of contested lands.

Law Thesis (D.Jur.)--York University, 1981.

Contends that two theorists either "devalue Aboriginal claims to sovereignty or title as claims to cultural difference or misread the crucial judicial pronouncements on which they rely", thereby undermining the difference theory. Scroll down to page 35 to read article.

Article from a 1993 Conference proceedings, discusses how despite some changes, the non-Aboriginal justice system fails Aboriginal Peoples at every turn; justice she concludes is a human problem and the answers are in the women of communities. Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.

Examines the meaning of section 35 of the Constitution Act, 1982 in relation to Indigenous governance matters.

Briefly looks at Aboriginal political rights.

Analyzes the role the government has played in constitutional negotiations and the consequences for Aboriginal people.

Comments on the implications of the decision.

American Indian Studies Thesis (M.A.)--University of Arizona, 1992.

Canadian Studies Thesis (M.A.)--Carleton University, 1997.

Book review of: Towards a Charter by Christopher MacLennan.

Beth Cuthand argues that politics not law will determine the future of First Nations.

Law Thesis (L.L.M.)--University of Toronto, 1998.

Theorizes the necessity and benefits of an Indigenous grounded analysis (IGA) as policy making framework. Entire issue on one pdf. To access article, scroll to page 55.

Historical overview of sovereignty, self-determination and rights issues and suggests engaging in processes that will force acknowledgement by states of Indigenous rights.

Speech launched Australia's celebration of the 1993 International Year of the World's Indigenous People. "Delivered in Redfern Park by Prime Minister Paul Keating, 10 December 1992."

Law Thesis (LL.M.)--University of Ottawa, 1997.

Law Thesis (LL.M.)--University of Victoria, 2014.

Looks at the court decision, Delgamuukw v. British Columbia in 1997 in relation to the novel Monkey Beach by Eden Robinson.

Video reports that Canadian law recognizes treaties as solemn, sacred agreements that create legally enforceable obligations on behalf of the First Nations and the Crown. Duration: 33:08.

Outlines the Treaty position followed during the Constitutional negotiations.

Research article highlights how Section 35 cases on pre-contact rights and activities challenge the goal of protecting the inherent right to self-government of Aboriginal peoples.

Looks at conflict between the Indian Act subsection 77(1) and the Canadian Charter of Rights and Freedoms.

Discusses rejection of the Charlottetown Accord negotiated by the Assembly of First Nations.

Law Thesis (LL.M.)--University of Toronto, 2005.

Book review of: Tribal Constitutionalism by Kirsty Gover. Review located by scrolling to page 199.