Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 120-131
Description
Focuses on development of doctrine of Aboriginal rights by the courts since the 1982 amendment and defining who constitutes the "Métis people" in section 35.
Book review of The Contemporary Coast Salish edited by Bruce Granville Miller and Darby C. Stapp.
Entire review section on one pdf. To access this review scroll to p. 158.
American Indian Culture and Research Journal, vol. 41, no. 2, 2017, pp. 65-92
Description
Analysis of rhetoric used in news coverage of 1998 referendum on the Nisga'a Treaty and 2002 BC Treaty Referendum in the National Post, Globe and Mail, Vancouver Sun, The Province, Abbotsford Times, Chilliwack Times, and Kamloops Daily News.
At this point in time 84% of the population was Inuit, but they only held 51% of the jobs in federal and territorial governments. Study compared loss to Inuit if the status quo continued, to gains that would be made if the Article was fulfilled.
Topics include context, healing journey and resiliency theory, culturally appropriate evidence-informed practices and examples of programs in Canada and the United States.
Harry Daniels and the Daniels Case: A Son's Perspective on the Man, His Legacy and Vision for a United Métis Nation
Threading the Constitutional Needle with Sinew of Métisland and Métis
[What Brought It On - and Did We Get What We Wanted?]
Media » Film and Video
Author/Creator
Tony Belcourt
Elmer Ghostkeeper
Gabriel Daniels
Maria Campbell
Description
Speakers discuss struggles for Métis rights and recognition which led to Daniels case and the Supreme Court's ruling that Métis and non-Status individuals fall within the definition of "Indian" in section 91(24) of the Constitution Act,1867; Maria Campbell reminisces about leader Harry Daniels, who initiated the court action.
Duration: 1:59:52.
Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.
Presenter discusses how the decision aligns with or fails to meet some of the standards set out in international law and human rights instruments, the issue of Indigenous self-definition and membership, and implications in terms of right to traditional lands, territories and resources.
Duration: 49:23.
Presentation is part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 26-47
Description
Discusses case involving Métis and Non-Status Indians. Plaintiffs sought three declarations: that the two groups are "Indians" as defined by the Constitution Act, 1867; that the Crown owes a fiduciary duty to them; and they have the right to be consulted and negotiated with as to their rights, interests, and needs.
Aboriginal Rights Litigation, Negotiation, and Practice among the Metis of BC: Community Perspectives on Creating Legal Change
Articles » Scholarly, peer reviewed
Author/Creator
Kerry Sloan
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 48-86
Description
Case developed requirement that s. 35 rights be vested in "historic" communities (existed before European control) and there must be continuity with present-day communities. Author interviewed 23 people about problems with application of the decision in three cases: Howse, Nunn, and Willison.
Court case involved sex-based discrimination in the Indian Act with respect to status entitlement. Includes chronological list of federal legislation concerning Indian status and summary of issues in the case.
Journal of Canadian Studies, vol. 51, no. 1, Destabilizing Canada / Le Canada déstabilisé, Winter, 2017, pp. 153-185
Description
General discussion of consultation and consent, and analysis of recent legal cases which illustrate how Indigenous peoples in Alberta have been excluded from decision-making involving the oil industry.
Describes the database created by The Great Lakes Research Alliance for the Study of Aboriginal Arts and Cultures (GRASAC).
Chapter from Cultural Heritage: Scenarios 2015-2017 edited by Simona Pinton and Lauso Zagato.
Guerrilla art display was placed on various streets in Calgary with the hope of evoking empathy and a sense of urgency in society to intervene with this injustice. Artists filmed the public's reactions.
Duration: 4:55.
Feminist Alliance for International Action (FAFIA) Canada
Description
Traces history of discrimination in the Act and gives timeline for the Bill. Proposed amendments came about as a result of the Quebec Superior Court's ruling in the Descheneault case.
Museology Thesis (M.A.)--University of Washington, 2017.
Three cases studies: Burke Museum and the Stó:lō Nation; the Denver Museum of Nature & Science and the Siksika Nation; and the Field Museum and the Haida Nation.
Working Paper Series (International Human Rights Internships Program) ; vol. 5, no. 12, 2017
Documents & Presentations
Author/Creator
Jacinthe Dion
Description
Looks at impact of federal and provincial jurisdictional and funding disputes, Canadian governments' delayed funding and implementation of Jordan's principle, The Canadian Human Rights Tribunal decision, and the court case Pictou Landing Band Council and Maurina Beadle (applicants) v. Attorney General of Canada.
Reports results of document search and interviews with representatives from regional First nations data governance centres. Focus of environment scan and research included: state and history of initiatives, regional considerations around the government-First Nation relationship, and regional data sovereignty, Nation building and intergovernmental relationships.
Race, Ethnicity and Education, vol. 20, no. 4, 2017, pp. 446-462
Description
"Article provides guidance to curriculum designers, textbook writers, teachers and administrators participating in the decolonization of education in Canada".
Northern Public Affairs, vol. 5, no. 1, Food (In)security in Northern Canada, April 2017, pp. 18-19
Description
Book review of: From Treaty Peoples to Treaty Nation: A Road Map for all Canadians by Greg Poelzer and Ken S. Coates.
Several book reviews on one pdf. To access review, scroll to page 18.
Argues that the legal framework has not kept up with demographic shifts because it focuses on land-related rights and ignores off-reserve and non-status population. As such, it disproportionately affects women who have been displaced through discriminatory effects of the Indian Act.
Tripartite Working Group of the National Aboriginal Court Worker Program
Description
"This curriculum is developed for the purposes instructing Aboriginal Court Workers on how to integrate Gladue Principles into speaking to sentence for an Aboriginal client."
Website provides learning materials about the colonies of Vancouver Island and British Columbia before the province was created. Contains links to complete collection of correspondence from 1846 to 1871. One section of teacher material deals with question "Were the Douglas Treaties and the Numbered Treaties Fairly Negotiated?"