Produced as a result of dissatisfaction with the Department of Indian and Northern Affairs' engagement process for the development of proposed legislative framework for drinking water in First Nation communities. Looks at three types of water-related rights: water, self-government, and adequate levels of environment protection.
Legislative Summary (Parliamentary Information and Research Service) ; 41-2-C9-E
Legislative Summary of Bill C-9
Documents & Presentations
Author/Creator
Tonina Simeone
Shauna Troniak
Description
Provides background information including current methods of leadership selection, the Indian Act electoral framework, custom elections, federal role in First Nations elections, and pertinent court cases, followed by description and analysis of clauses in the proposed legislation.
Discusses history and culture of First Nations groups including the Coast Salish, Nlaka’pamux, Ts'ilhqot'in Secwepemc, Okanagan, Stl’atl’imx, Wet’Suwet’en, Sekani, and Dakelh First Nations.
Overview of significant decisions in the areas of: Aboriginal rights and title, costs, division of powers, duty to consult, fiduciary duty, Honour of the Crown, Indian Act Registration, infringement, specific claims, treaties, etc.
Initiated in response to the Descheneaux decision dealing with denial of status to some members of First Nations due to sexual discrimination. Took place to seek input on implementation of removal of 1951 cut-off from the Indian Act, remaining inequities related to registration and membership and transferring responsibility for membership and citizenship to First Nations. Consisted of community consultations, online survey, regional events and expert panels.
Semiahmoo First Nation v. Minister of Aboriginal Relations and Reconciliation
Documents & Presentations
Author/Creator
Supreme Court of British Columbia
Description
Argues that other First Nations have overlapping claims to Aboriginal title within the Tsawwassen First Nation Agreement and consultation with them should take prior to signing the final agreement.
Reports discrimination remains in the registration provision of the Indian Act and is found in the second generation cut-off rule which was not looked at in the McIvor case.
Argues that while, on the surface Canada may seem to have respected the right to self-government, in practical terms it has done little and a landmark decision is needed to speed the process.
Indigenous Law Journal, vol. 16/17, no. 1, 2018, pp. 21-50
Description
Article examines Supreme Court of Canada decision in the landmark case to see to what extent judges gave equal weight to Indigenous legal traditions.
Legislation and Cases Cited:Canadian Charter of Rights and FreedomsConstitution Act, 1867,
Constitution Act, 1982,
Forest Act, R.S.B.C. 1996Royal Proclamation (1763)
See: Chapter A-2 "COVID-19 and First Nations' Responses" by Aimée Craft, Deborah McGregor, and Jeffery Hewit.
Chapter D-6 "Systemic Discrimination in Government Services and Programs and Its Impact on First Nations Peoples During the COVID-19 Pandemic" by Anne Levesque and Sophie Theriault.
Timeline from the General Enfranchisement Act to the Indian Act and pertinent court cases and decisions which resulted in legislation to amend the Act.