Canadian Journal of Political Science, vol. 42, no. 2, June 2009, pp. 417-442
Description
Discusses a Canadian case study that looks at the importance of judicial factors to the Indigenous land claims policy process and the uncertainty of government negotiating behaviour.
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. Commissioners include: P.E. James Prentice and Roger J. Augustine.
Historical background and issues involved in Indian Claims Commission (ICC) hearing to determine the validity of the 1907 surrender. Commissioners include: P.E. James Prentice and Roger J. Augustine. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submission to the Indian Claims Commission (ICC) regarding Canada's obligations to the First Nation concerning the surrender of IR 112 and 112A in 1909. ICC recommended that the claim be accepted for negogiation under the Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submissions to Indian Claims Commission (ICC) regarding whether the surrender was valid; whether Canada breached its fiduciary obligations. ICC found the surrender valid; that Canada breached its fiduciary duties; and the claim be negotiated under the Specific Claims Policy.
Commissioners include: Roger J. Austine and Daniel J. Bellegarde. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background, submissions and recommendations from the Indian Claims Commission hearing to decide three issues: was lawful obligation breached in the allotment process for Aupe Indian Reserve 6 and 6A, did Canada have an obligation to obtain land requested by the Band in 1907 and did the Crown fail to protect settlement lands from a pre-emption claim. ICC found a loss to the Band of 9.62 acres and recommended that Aupe IR6 and IR6A claim be accepted under the Specific Claims Policy.
Historical background and submissions to Indian Claims Commission (ICC) regarding whether division and partial surrender of Tsimpsean Reserve was lawful. ICC found the surrender invalid and absolute surrender of aboriginal interests could not be required. Recommendations: settlement agreement provides for Aboriginal interests; redraft agreement; parties meet to discuss ICC report. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submission to Indian Claims Commission (ICC) regarding Canada's unfulfilled obligation to provide economic benefits; action commenced in Alberta against federal and provincial Crown. ICC recommended negotiation be delayed until court action resolved. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submission to Indian Claims Commission (ICC) whether Aht-Len-Jees I.R. 5 ceased to be a reserve by virtue of its dis-allowance by Commissioners Ditchburn and Clark, acting under the British Columbia Land Settlement Act. ICC recommended settlement be negotiated and fast tracked under the Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Inquiry into the Claim of the Nikaneet First Nation
E-Books
Author/Creator
Indian Claims Commission
Description
Historical background and submission to Indian Claims Commission (ICC) regarding compensation under Treaty 4 for agricultural benefits, programs and services, annual payments, and failure to provide a reserve in 1874 when Treaty was concluded. ICC suspended its inquiry when the Crown agreed to negotiate the claim. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submission to Indian Claims Commission (ICC) concerning right of way on IR 6 given to the railroad, whether it should have been restored to reserve status when railway abandoned the line. ICC found that the Crown failed to meet its fiduciary obligations and recommended the claim be negotiated. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submission to Indian Claims Commission (ICC) regarding Canada's fiduciary obligation to the Band in regard to the allotment of land on Cormorant Island. ICC recommended that the claim be accepted for negotiation under the Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submissions to Indian Claims Commission (ICC) hearing to determine if this claim fell within the Specific Claims Policy, and whether Canada breached its fiduciary obligation to protect the Band’s settlement lands by allowing the lands to be alienated when timber leases and licences were granted. ICC recommended that the claim be accepted for negotiation under the Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submissions to Indian Claims Commission (ICC) whether Agent Halliday breached his fiduciary obligation by failing in three instances to provide information to the then Nimpkish Band about availability of additional reserve lands. ICC recommended one of the three claims be negotiated under the Specific Claims Policy; two other claims failed for lack of information. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background, analyses and recommendations from Indian Claims Commission (ICC) hearing on the issue of whether, under Treaty 8, the correct allotment of land had been reserved. ICC ruled that the land entitlement had not been fully satisfied and recommended that the claim be negotiated under the Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background, submissions and recommendations from the Indian Claims Commission (ICC) hearing to determine the appropriate date to use in calculating the population for Treaty entitlement and whether the First Nation qualified under the Saskatchewan Treaty Land Entitlement Framework Agreement. ICC recommended the claim not be accepted for negotiation under the Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background, submissions and recommendations from the Indian Claims Commission (ICC) hearing to determine if population count for land entitlement was accurate at date-of-first-survey. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background, issues, and recommendations from an Indian Claims Commission (ICC) hearing to determine whether Crown fulfilled its obligation to provide reserve land to bands under Treaty 6. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background, submissions and recommendations from the Indian Claims Commission (ICC) hearing to determine the appropriate date to use for the population count for Treaty land entitlement purposes. ICC found the date of first survey (1887) to be the appropriate date and recommended the two parties pursue research to determine the population figure. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Looks at the "spirit and intent" of Treaty and that rules of interpretation should be in the context of current reality, e.g., 1993 Treaty Land Entitlement Agreement.
Excerpts from author's talk discussing Hul'qumi'num Treaty Group's complaint against Canada before the Inter-American Commission on Human Rights and his book Savage Anxieties.
Duration: 55:17.
BC Studies, no. 95, Anthropology and History of the Courts, Autumn, 1995, pp. 3-6
Description
Introduces issue which focuses on the British Columbia Supreme Court's use of materials from historians and anthropologists in Delgamuukw v. B.C. case.
[Canadian Petroleum Law Foundation Research Seminar, 2005]
Documents & Presentations
Author/Creator
A. W. (Sandy) Carpenter
Peter D. Feldberg
Description
Presents available information on rights, traditional territory, and site specific issues for assessing risks associated with oil and gas development in remote areas.
American Review of Canadian Studies, vol. 31, no. 1-2, [Aboriginal Peoples: Special Issue], Spring/Summer, 2001, pp. 283-299
Description
Comments on the creation of Nunavut Territory and the benefits this presented to the Inuit people including renewed sense of pride, identity and autonomy.
Inuit organization that deals with issues of archaeology, ethnographic objects and archives. Website highlights the organization's projects, programs, and traditional place names.
Explores Inuit culture by piecing together oral histories, archaeological research, and the writings of various 19th-century explorers and visitors to the western Arctic.
Commemorates the 20th anniversary of the Inuvialuit Final Agreement (IFA) with a brief history of changes in society since first major contact and outlines the changes which have been the result of the settlement of the land claim.