Working Paper (Queen's University School of Public Poliy) ; 5
Documents & Presentations
Author/Creator
Kathy L. Brock
Description
Examines jurisprudence on Aboriginal issues with focus on recent Supreme Court cases and their aftermath.
Paper presented at the 96th Annual Meeting of the American Political Science Association held in Washington from August 31 to September 3, 2000.
TransCanadiana, vol. 8, Canadian Sites of Resistance: Solidarity-Struggle-Change(?), 2016, pp. [52]-72
Description
Comments on the Supreme Court of Canada's decision on the case Manitoba Métis Federation Inc. v. Canada (2013 SCC 14)
Entire issue on one pdf. To access article, scroll to page 52.
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.
International Indigenous Policy Journal, vol. 7, no. 3, 2016, pp. 1-6
Description
Comments on a judgement made by the Supreme Court of Canada affirming that the term "Indian" in s.91(24) of the Constitution Act, 1867 includes Métis and Non-Status Indians.
Discusses case in which the accused appealed his conviction arguing that because there were no on-reserve Aboriginals on the jury his right to fair trial had been violated under sections 11(d) and 11(f) of the Canadian Charter of Rights and Freedoms.
Canadian Ethnic Studies, vol. 32, no. 2, April 30, 2000, p. 119
Description
Book reviews of: Colour-Coded: A Legal History of Racism in Canada, 1900-1950 by Constance Backhouse and Race, Rights and the Law in the Supreme Court: Historical Case Studies by James W. St. G. Walker.
Canadian Journal of Women and the Law, vol. 28, no. 2, [Missing and Murdered Indigenous Women Conference], 2016, pp. 452-456
Description
Book review of: Looking for Ashley: Re-Reading What the Smith Case Reveals About the Governance of Girls, Mothers and Families in Canada by Rebecca Jaremko Bromwich.
Presenters discuss Little Shell Tribe of the Chippewa of Montana's struggle for federal recognition, British Columbia Métis' perspectives on harvesting rights, and Canative Housing Corporation located in Edmonton, Alberta.
Duration: 1:31:39.
Book reviews of:
Remembering Vancouver's Disappeared Women by Amber Dean.
That Lonely Section of Hell by Lori Shenher.
Entire section on one pdf. To access this review scroll to p. 179.
Report discusses the practical recommendations needed to facilitate elections and referenda taking place November 20, 2000. These recommendations, if acted upon, will ensure the rights of non-resident band members to fully participate in the democratic process.
Canadian Journal of Criminology, vol. 42, no. 3, July 2000, pp. 412-420
Description
Commentary on the decision on s. 718 of the Criminal Code, aimed at reducing the over-representation of Aboriginal peoples in the prison system by using alternate sentencing methods.
IALL 18th Course on International Law Librarianship
Articles » General
Author/Creator
Pamela O'Connor
International Journal of Legal Information, vol. 28, no. 2, Summer, 2000, pp. 232-265
Description
Brief historical overview followed by discussion of the Federal government's and churches' changing responses to the issue, and judicial decisions which clarified liability in sexual abuse cases.
University of New Brunswick Law Journal, vol. 67, 2016, pp. 146-166
Description
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.
Northern Public Affairs, vol. 4, no. 2, The Right to Free, Prior & Informed Consent, May 2016, pp. 27-32
Description
Combined presentations by Roger William at the Free, Prior and Informed Consent Forum in 2015 about the historic judgment given to the Tsilhgot'in Nation for lands claimed outside of a reserve.
Looks at trust responsibility and accountability in United States law; contemporary division of labour in Federal Indian programs; and applicability to Canada.
Supreme court ruling in landmark case declared the First Nation had Aboriginal Title to approximately 2000 square kilometers and extensive rights over an even broader area.
Explains free, prior and informed consent (FPIC) in the context of the United Nations Declaration on the Rights of Indigenous Peoples and the term "veto" by the Supreme Court.
Documentary about a landmark discrimination case filed by the Assembly of First Nations and the Child and Family Caring Society of Canada against Indian and Northern Affairs Development Canada in 2007 about the treatment of First Nations children.
Duration: 2:42:53.
Northern Public Affairs, vol. 4, no. 2, The Right to Free, Prior & Informed Consent, May 2016, pp. 42-49
Description
Looks at two examples of free, prior and informed consent evolving in Canadian law: the Saugeen Ojibway Nation in Ontario, and the Athabasca Chipewyan First Nation in Alberta.