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.
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.
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.
"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.
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.
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.
Looks at reforms to the 1992 Canada National Forest Strategy proposed by Aboriginal Forest Strategy in the areas of legislation, policies and management practices.
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.
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.
Journal of Canadian Studies, vol. 51, no. 1, Winter, 2017, pp. 244-247
Description
Reprinted from unsettling Canada: A national Wake-up Call; Chapter 17
Article advocates for a fundamental restructuring of Canadian policy, programs, and services that is built on the recognition of Indigenous title to land and territories and the Indigenous right to self-determination.
Inquiry Into the 1907 Surrender Claim of the Fishing Lake First Nation (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and issues involved in Indian Claims Commission (ICC) hearing to determine the validity of the 1907 surrender. (French language version)
Commissioners include: P.E. James Prentice and Roger J. Augustine.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
Inquiry Into the 1907 Reserve Land Surrender Claim of the Kahkewistahaw First Nation (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine if surrender was valid, complied with the provisions of the Indian Act and whether Canada's fiduciary obligations were met. ICC found that although the surrender was valid and unconditional, Canada had breached its pre-surrender fiduciary obligations in allowing it to take place. (French language version) Commissioners include: P.E. James Prentice and Roger J.