McNeil, Kent

Commentary looks at crown grants from the view of American case law.

Chapter sixteen in book: The Law of Trusts: A Contextual Approach 2nd edition, edited by Jeffrey Bruce Berryman, Mark R. Gillen, and Faye Woodman.

Comments on the changes in Western Indian history and the shift of perspective that has given value to to the region's unique past.

Examines six court cases that deal with section 35(1) of the Constitution Act, 1982 and the profound impact that these decisions will have in future judicial decisions and claims.

Examines the sources, content and proof of land rights of Indigenous peoples in the United States, Canada, Australia and New Zealand from the common law perspective. Allow time for the link to download the article.

Examines some of the difficulties Aboriginal people encounter when they rely on their oral histories.

Analysis of a series of cases to illustrate how the line of reasoning varies in decisions that attempt to reconcile Aboriginal rights and the interests of other parties; author examines judges decisions in relation to reconciliation and justification.

Examines a judge's ruling in a case involving Aboriginal title and private interests, including a detailed analysis of applicable legal principles and public policy considerations that should guide negotiations.

Historically Aboriginal title has been justified by the need to protect Aboriginal peoples from European settlers, but inherent paternalism has undermined Aboriginal title today.

Argues that judicial analyses of the St. Catherine's Milling and Lumber Company v. The Queen case rarely take into account the historical context and contemporary attitudes towards Aboriginal people at the time.

Discusses Indigenous rights in the context of the integral relationship between history and law; and British claims to sovereignty within Rupert's Land (Rupertsland).

Looks at the proof of sovereignty in the United States and Canada and the misinterpretation of court decisions.

Papers presented at a forum held under the auspices of the BC Treaty Commission and the Law Commission of Canada.

Explains that the Constitution Act, 1982 does not diminish any of the the rights of Aboriginal peoples guaranteed by earlier Constitutional declarations or Agreements, but it provides additional guarantees.

Looks at Section 35 (1) and (2) and Section 37 of the Canadian Constitution Act of 1982.

Analyzes proposals regarding self-government in the Charlottetown Accord, and asses the impact of the defeat of the accord on future relations between aboriginal peoples and the Canadian state.

Examines a poorly reasoned decision by the Supreme Court of Canada, the Bear Island case in which there is a lack of analysis and failure to apply established principles of Aboriginal title, and departs from existing case law.

Research report prepared for the First Nations Governance Centre, 2004,

Overview of issues relating to jurisdiction, governance and inherent rights.

Argues that common law could help First Nations prove their title by showing occupation of the land when the Crown asserted sovereignty.

Discusses each part of Aboriginal title as defined by the court, relation to inherent right of self-government, proof of aboriginal title, and jurisdiction over Aboriginal title.