McNeil, Kent
University of Saskatchewan, Native Law Centre
I-Portal Content
Fiduciary Obligations and Aboriginal Peoples
Alternate Title
The Law of Trusts: A Contextual Approach
E-Books » Chapters
Author/Creator
Kent McNeil
Description
Chapter sixteen in book: The Law of Trusts: A Contextual Approach 2nd edition, edited by Jeffrey Bruce Berryman, Mark R. Gillen, and Faye Woodman.
History, Law, and Indian Claims: An Introduction
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Jill Martin
Journal of the West, vol. 39, no. 3, 2000, pp. 8-9
Description
Comments on the changes in Western Indian history and the shift of perspective that has given value to to the region's unique past.
How Can Infringements of the Constitutional Rights of Aboriginal Peoples Be Justified?
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Constitutional Forum, vol. 8, no. 2, 1997, pp. 33-39
Description
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.
Judicial Treatment of Indigenous Land Rights in the Common Law World
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
CLPE Research Paper Series, vol. 04, no. 05, 2008, pp. ii, 1-37
Description
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.
Legalizing Oral History: Proving Aboriginal Title in Canadian Courts
Articles » Scholarly, peer reviewed
Author/Creator
Lori Ann Roness
Kent McNeil
Journal of the West , vol. 39, no. 3, 2000, pp. 66-74
Description
Examines some of the difficulties Aboriginal people encounter when they rely on their oral histories.
Native Claims in Rupert's Land and the North-Western Territory: Canada's Constitutional Obligations
Alternate Title
Studies in Aboriginal Rights; no. 5
E-Books
Author/Creator
Kent McNeil
Native Rights and the Boundaries of Rupert's Land and the North-Western Territory
Alternate Title
Studies in Aboriginal Rights; no. 4
E-Books
Author/Creator
Kent McNeil
Reconciliation and the Supreme Court: The Opposing Views of Chief Justices Lamer and McLachlin
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Indigenous Law Journal, vol. 2, no. 1, Fall, 2003, pp. 1-25
Description
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.
Reconciliation and Third-Party Interests: Tsilhqot’in Nation v. British Columbia
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Indigenous Law Journal, vol. 8, no. 1, 2010, pp. 7-25
Description
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.
Self-Government and the Inalienability of Aboriginal Title
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
McGill Law Journal , vol. 47, 2002, pp. 473-510
Description
Historically Aboriginal title has been justified by the need to protect Aboriginal peoples from European settlers, but inherent paternalism has undermined Aboriginal title today.
Social Darwinism and Judicial Conceptions of Indian Title in Canada in the 1880s
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Journal of the West, vol. 38, no. 1, 1999, pp. 68-76
Description
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.
Sovereignty and the Aboriginal Nations of Rupert’s Land
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Manitoba History, no. 37, Spring/Summer, 1999, pp. 2-[?]
Description
Discusses Indigenous rights in the context of the integral relationship between history and law; and British claims to sovereignty within Rupert's Land (Rupertsland).
Sovereignty on the Northern Plains: Indian, European , American and Canadian Claims
Articles » Scholarly, peer reviewed
Author/Creator
Ken McNeil
Journal of the West, vol. 39, no. 3, 2000, pp. 10-18
Description
Looks at the proof of sovereignty in the United States and Canada and the misinterpretation of court decisions.
Speaking Truth to Power III: Self-Government: Options and Opportunities, March 14 - 15, 2002
E-Books
Author/Creator
Stephen Cornell
Claire Marshall
Sophie Pierre
Edmond Wright
Jim Abram
Kent McNeil
Greg Poelzer
Jim Aldridge
Graham Allen
Tim Raybould
Allan Edzerza
Tom Molloy
Hamar Foster
Murray Rankin
Indian and Northern Affairs Canada
Description
Papers presented at a forum held under the auspices of the BC Treaty Commission and the Law Commission of Canada.
The Constitution Act, 1982, Sections 25 and 35
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Canadian Native Law Reporter, vol. 1, 1988, pp. 1-13
Description
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.
The Constitutional Rights of the Aboriginal Peoples of Canada
Articles » General
Author/Creator
Kent McNeil
Supreme Court Law Review, vol. 4, 1982, pp. 255-265
Description
Looks at Section 35 (1) and (2) and Section 37 of the Canadian Constitution Act of 1982.
The Decolonization of Canada: Moving Toward Recognition of Aboriginal Governments
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Western Legal History, vol. 7, Winter/Spring, 1994, pp. 113-141
Description
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.
The High Cost of Accepting Benefits from the Crown: A Comment on the Temagami Indian Land Case
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Canadian Native Law Reporter, vol. 1, 1992, pp. 40-69
Description
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.
The Inherent Right of Self-Government: Emerging Directions For Legal Research
Documents & Presentations
Author/Creator
Kent McNeil
Description
Research report prepared for the First Nations Governance Centre, 2004,
The Jurisdiction of Inherent Right Aboriginal Governments
Alternate Title
Research Paper (National Centre for First Nations Governance)
Research Paper for the National Centre for First Nations Governance
Documents & Presentations
Author/Creator
Kent McNeil
Description
Overview of issues relating to jurisdiction, governance and inherent rights.
The Onus of Proof of Aboriginal Title
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Osgoode Hall Law Journal , vol. 37, 1999, pp. 775-803
Description
Argues that common law could help First Nations prove their title by showing occupation of the land when the Crown asserted sovereignty.
The Post-Delgamuukw Nature and Content of Aboriginal Title
Documents & Presentations
Author/Creator
Kent McNeil
Description
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.
The Power of Promises: Rethinking Indian Treaties in the Pacific Northwest
Alternate Title
The Emil and Kathleen Sick Lecture-Book Series in Western History and Biography
E-Books
Author/Creator
Kent McNeil
Paige Raibmon
Hamar Foster
Alan Grove
Douglas C. Harris ... [et al.]
The Right Relationship: Reimagining the Implementation of Historical Treaties
E-Books
Author/Creator
John Borrows
Michael Coyle
Kent McNeil
Julie Jai
Francesca Allodi-Ross ... [et al.]
The Unity of the Crown, Division of Powers, Interjurisdictional Immunity and s.88 of the Indian Act
Alternate Title
Between Keewatin and Tsilhqot'in: Reflections From the Centre of Turtle Island
Media » Film and Video
Author/Creator
Kent McNeil
Description
Presenter speaks on the impact of Keewatin and Tsilhqot'in on section 88 of the Indian Act.
Duration: 30:30.