McNeil, Kent
University of Saskatchewan, Native Law Centre
I-Portal Content
"Co-Existance of Indigenous and Non-Indigenous Land Rights: Australia and Canada Compared in Light of the Wik Decision "
Alternate Title
"Co-Existence of Indigenous and Non-Indigenous Land Rights: Australia and Canada Compared in Light of the Wik Decision "
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Indigenous Law Bulletin, vol. 4, no. 5, 1997, pp. 4-9
Description
Looks at the way courts in Australia and Canada deal with indigenous rights and concludes that Canadian courts do more to preserve rights in the face of Crown grants.
"Racial Discrimination and Unilateral Extinguishment of Native Title"
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Australian Indigenous Law Reporter, vol. 1, no. 2, 1996, pp. 181-221
Description
Looks at legislative acts and extinguishment by the Crown of Native title to land.
A Brief History of Our Right to Self-Governance: Pre-Contact to Present
Documents & Presentations
Author/Creator
Kent McNeil
National Centre for First Nations Governance Research Staff
Description
Highlights provisions made in treaties and agreements ranging from the Peace and Friendship Treaties to the Charlottetown Accord and lists important court cases in chronological order.
A Question of Title: Has the Common Law Been Misapplied to Dispossess the Aboriginals?
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Monash University Law Review, vol. 16, no. 1, 1990, pp. 91-110
Description
Discusses the system of tenures at the time of settlement and how it was misunderstood to include Aboriginal occupied land.
Aboriginal Governments and the Canadian Charter of Rights and Freedoms
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Osgoode Hall Law Journal, vol. 34, 1996, pp. 61-99
Description
Examines whether exercising right of self-government is subject to the Canadian Charter of Rights and Freedoms
Aboriginal Governments and the Charter: Lessons from the United States
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Canadian Journal of Law and Society, vol. 17, 2002, pp. 73-105
Description
Examines the ongoing debate regarding the application of the Charter to Aboriginal governments.
Aboriginal Rights in Canada in 1996: An Overview of the Decisions of the Supreme Court of Canada
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Indigenous Law Bulletin, 1997
Description
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.
Aboriginal Rights in Canada: From Title to Territorial Sovereignty
Articles » General
Author/Creator
Kent McNeil
Tulsa Journal of Comparative and International Law, vol. 5, 1998, pp. 253-298
Description
Gives a conceptual framework of Aboriginal title and self-government by examining case law.
Aboriginal Rights in Transition: Reassessing Aboriginal Title and Governance
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
American Review of Canadian Studies, vol. 31, no. 1-2, [Aboriginal Peoples: Special Issue], Spring/Summer, 2001, pp. 317-329
Description
Reviews decisions made by the Supreme Court which impact Aboriginal peoples in Canada.
Aboriginal Rights, Resource Development, and the Source of the Provincial Duty to Consult in Haida Nation and Taku River
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Supreme Court Law Review, vol. 29, 2nd series, 2005, pp. 447-460
Description
Looks at the extent of Provincial jurisdiction to infringe on Aboriginal title for the purpose of resource development.
Aboriginal Title and Aboriginal Rights: What's the Connection?
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Alberta Law Review, vol. 36, no. 1, Symposium on Aboriginal Legal Issues, December 1997, pp. 117-148
Description
Focuses on Aboriginal rights and title to land in light of recent decisions by the Supreme Court of Canada.
Aboriginal Title and Section 88 of the Indian Act
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
University of British Columbia Law Review, vol. 34, 2000, pp. 159-194
Description
Argues that British Columbia had been violating Aboriginal title in an illegal and unconstitutional fashion ever since it joined Canada in 1871.
Aboriginal Title and the Division of Powers: Rethinking Federal and Provincial Jurisdiction
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Saskatchewan Law Review, vol. 61, 1998, pp. 431-465
Description
Comments on the Delgamuukw decision and how this court case addressed what Aboriginal title is, how title can be proved, and how infringements can be justified.
Aboriginal Title and the Supreme Court: What's Happening?
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Saskatchewan Law Review, vol. 69, 2006, pp. 281-308
Description
Discussion of the effects of the Delgamuukw decision.
Aboriginal Title as a Constitutionally Protected Property Right
Alternate Title
Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision
E-Books » Chapters
Author/Creator
Kent McNeil
Description
Chapter in book: Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision edited by Owen Lippert.
Focuses on definition of Aboriginal title according to the courts, as both a property and constitutional right.
Aboriginal Title in Canada: Site-Specific or Territorial?
Documents & Presentations
Author/Creator
Kent McNeil
Description
Discusses Aboriginal title to land, Indigenous law and common law. Uses the cases of R. v. Marshall and William v. British Columbia for examples.
Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision
E-Books
Author/Creator
Brian Slattery
John L. Howard
Kent McNeil
Geoff Plant
Jack Woodward ... [et al.]
Canada's Fiduciary Obligation to Aboriginal Peoples in the Context of Accession to Sovereignty by Quebec ; Volume 2 Domestic Dimensions
E-Books
Author/Creator
Renée Dupuis
Kent McNeil
Description
Prepared as part of research program of the Royal Commission on Aboriginal Peoples
Challenging Legislative Infringements of the Inherent Aboriginal Right of Self-Government
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Windsor Yearbook of Access to Justice , vol. 22, 2003, pp. 329-361
Description
Comments on the Indian Act, the imposition of band government, and its impact on the inherent right to self-government.
Commentary on 'Adhesion to Canadian Indian Treaties and the Lubicon Lake Dispute'
Articles » General
Author/Creator
Kent McNeil
Canadian Journal of Law and Society, vol. 7, no. 2, Fall, 1992, pp. 207-212
Description
Response to the article by Thomas Flanagan in Canadian Journal of Law and Society Vol. 7 (1992) page 185-206.
Continuity of Aboriginal Rights
Alternate Title
Advancing Aboriginal Claims: Visions/Strategies/Directions
E-Books » Chapters
Author/Creator
Kent McNeil
Description
Chapter in book: Advancing Aboriginal Claims: Visions/Strategies/Directions edited by Kerry Wilkins.
Defining Aboriginal Title in the 90's: Has the Supreme Court Finally Got It Right?
Alternate Title
Twelfth Annual Robarts Lecture, 25 March 1998
Documents & Presentations
Author/Creator
Kent McNeil
Description
Highlights the principles laid down in Chief Justice Antonio Lamer's leading judgement regarding the case of Delgamuukw v. British Columbia.
Envisaging Constitutional Space for Aboriginal Governments
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Queen's Law Journal, no. 19, 1993, pp. 95-136
Description
Focuses on the interpretation of Section 35 arising from the the Sparrow decision.
Extinguishment of Aboriginal Title in Canada: Treaties, Legislation, and Judicial Discretion
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Ottawa Law Review, vol. 33, 2001-2002, pp. 301-346
Description
Argues that from the case Chippewas of Sarnia there may be a third method of extinguishment of Aboriginal title; extinguishment by exercise of judicial discretion.
Extinguishment of Native Title: The High Court and American Law
Articles » General
Author/Creator
Kent McNeil
The Australian Indigenous Law Reporter, no. 2, 1997, pp. 365-370
Description
Commentary looks at crown grants from the view of American case law.