Book reviews of two books: Aboriginal and Treaty Rights in Canada edited by Michael Asch.
Treaty Talks in British Columbia by Christopher McKee.
Scroll down to page 102 to read review.
Summarizes key decisions relevant to industry and project proponents and discusses how they effect carrying out the duty to consult with Indigenous peoples.
Alberta Law Review, vol. 29, no. 2, 1991, pp. 498-517
Description
Assessment of the Sparrow case in light of the two competing theories of Aboriginal rights; contingent rights requiring state action for their existence and inherent rights rooted in Aboriginality.
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.
Osgoode Hall Law Journal, vol. 29, Fall, 1991, pp. 457-482
Description
Examines Section 31 of the Manitoba Act, 1870 and the provisions for a land settlement scheme for the benefit of Métis people and the extinguishment of Aboriginal, or as it was then, Indian title.
Manual designed to help Indigenous women and service providers address key aspects of violence, as well as understand Indigenous women’s legal rights on matters related to leaving a violent relationship.
Brief discussion of context and implications of the United Nations Declaration on the Rights of Indigenous Peoples followed by results of literature review based on research findings and academic literature, primary sources, grey literature, and Indigenous legal orders and case studies of their applications.
Adapted for the Alberta context from the KAIROS Blanket Exercise, an interactive learning experience focusing on the historical and contemporary relationship between Indigenous and non-Indigenous peoples of Canada. Themes explored are: assimilation, discrimination, Indigenous rights and reconciliation.
Wicazo Sa Review, vol. 7, no. 2, Autumn, 1991, pp. 58-77
Description
Delves into the protest by Elijah Harper to block the progress of the Meech Lake accord in the Manitoba legislature and the protest by the Mohawk Warrior Society at Oka, Quebec to stop development of a golf course.
"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.
Rural Poverty and Environment Working Paper Series
Working Paper (International Development Research Centre) ; 1
Documents & Presentations
Author/Creator
Gerett Rusnak
Description
Discusses organizational structure, mandated functions and goals, representation and participation of stakeholders, use of information and analysis and the approach to decision making of these co-management experiences.
Discusses how Crown and Indigenous governments can engage with each other on the basis of a nation-to-nation relationship to develop regimes for management of resources which ensure mutually beneficial outcomes.
Indigenous Cultures and Mental Health Counselling: Four Directions for Integration with Counselling Psychology
Documents & Presentations
Author/Creator
Terry Mitchell
Description
Looks at the effects of personal and collective trauma through a political lens.
Scroll down to read paper.
Chapter from Indigenous Cultures and Mental Health Counselling edited by Suzanne L. Stewart, Roy Moodley, and Ashely Hyatt.
Scroll down to read paper.
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 142-163
Description
Based on analysis of transcripts of Hirsekorn case in which judges had to render a decision on the Métis identity of the accused and his membership in a rights-holding Métis community.
BC Studies, no. 89, In Celebration of Our Survival: The First Nations of British Columbia, Spring, 1991
Description
Cites examples of both federal and provincial legislation which aimed at eradicating First Nations through restricting or impairing their ability to act.