American Indian Law Review, vol. 15, no. 2, 1990/1991, pp. 369-389
Description
General discussion of rights, review and comparison of cases and decisions in Canada and the United States, and a brief summary of social and legislative history in Canada.
Journal of Canadian Studies, vol. 51, no. 2, 2017, pp. 289-310
Description
Discusses failure of new protocols put in place to ensure safe drinking water on reserves and contrasts the response to the failure of water system in Walkerton, Ontario, which took place the same year.
Anglican Journal, vol. 125, no. 9, November 1999, p. n/a
Description
If appeal is successful federal government would have to pay larger share of the settlement in lawsuit involving St.George's Residential School in Lytton, B.C.
Discusses the oppressive nature of child welfare systems as they relate to the criteria for "good" mothers imposed by dominant, Western cultural values.
Saskatchewan Law Review, vol. 63, 2000, pp. 701-718
Description
Focuses on the ramifications of the case in which the Supreme Court of Canada affirmed the Mi'kmaq treaty right to hunt, fish gather and trade for necessaries.
Federal Court of Appeal upheld decision concerning lower pension benefits for First Nation people on-reserve, who had not contributed to the Canada Pension Plan until 1988.
University of British Columbia Law Review, Special Edition: Aboriginal Justice, 1992, pp. 41-146
Description
Lengthy review (100 pages), is a background study for the Law Reform Commission of Canada's report on Aboriginal Peoples and Criminal Justice; covers wide range of topics, both historical and contemporary, concerning the Canadian justice system's treatment of Aboriginal peoples.
Discusses the denied Aboriginal rights claims by nine Dakota First Nations. Canada argues that these people are refugees, following the battle of the Little Big Horn in 1976, but the Dakota argues that they were in fact returning to their traditional lands in Saskatchewan and Manitoba.
Cumberland Law Review, vol. 32, no. 2, 2001-2002, pp. 281-310
Description
Argues that the Canadian experience of joint government/church involvement in residential schools proves the validity of American policy of separation of church and state, and the court decisions which upheld it.
Saskatchewan Law Review, vol. 53, no. 2, 1989, pp. 301-325
Description
Examines various cases with respect to fiduciary obligations of the Crown, and argues that there seems to be a movement to discount the distinction between surrendered and unsurrendered reserve land.
University of British Columbia Law Review, vol. 33, no. 1, 1999, pp. 53-74
Description
Discusses Indian Affairs Branch decision to advocate for limited exemption from overseas combat service in cases where verbal agreements had been reached concerning military participation during the course of negotiations for Treaties 3,6,8, and 11.
Canadian Journal of Law and Society, vol. 22, no. 1, 2007, pp. 109-121
Description
Examines the fiduciary obligations between band councils and band members and argues that the current municipal model of band government is inadequate.
Anglican Journal, vol. 125, no. 10, December 1999, p. 1
Description
Anglican church to appeal B.C. Supreme Court decision that held church liable for 60 per cent of settlement for sexual abuse that took place at St. George's Indian Residential School in Lytton, B.C.
Anglican Journal, vol. 130, no. 3, March 2004, p. 8
Description
Blackwell decision finds government 100 per cent liable for damages suffered at the Alberni Indian Residential School; application for appeal to Supreme Court of Canada to be made.
Saskatchewan Law Review, vol. 38, no. 1, 1974, pp. 45-62
Description
Looks at federal and provincial laws regarding Indian hunting rights on and off reserve, natural resources transfer Agreements, permitted methods and purpose of hunting, and Inuit and non-status Indian rights.
Saskatchewan Law Review, vol. 48, 1983-1984, pp. 122-128
Description
Explains that section 87 of The Indian Act has been interpreted as exception from income tax, but Nowegijick v. The Queen held that section 87 did not exempt people from income tax.
Paediatrics & Child Health, vol. 17, no. 7, Healing Winds: Aboriginal Child and Youth Health in Canada, Aug./Sept. 2012, pp. 368-370
Description
Summarizes the child-first principle, raises questions about the Federal Government's interpretation and implementation of the policy, and gives brief description of the Maurina Beadle and Pictou Landing Band Council v. Attorney General of Canada case.
Legalising, Decolonising, and Modernising New York State's Indian Law
Articles » Scholarly, peer reviewed
Author/Creator
Robert B. Porter
Albany Law Review, vol. 63, no. 1, Fall, 1999, pp. 125-200
Description
Argues that most of the state law concerning First Nations' are not valid and require reform to appropriately deal with the Haudenosaunee (the Six Nation Iroquois Confederacy).
Canadian Journal of Political Science, vol. 40, no. 3, September 2007, pp. 591-613
Description
Looks at how the number of meanings for the term "Aboriginality" impacts aboriginal rights by examining the Delgamuukw decision and the impact the case had in determining the nature and extent of Aboriginal rights and title.
Canadian Journal of Women and the Law, vol. 26, no. 1, White Settler Colonialism and Indigeneity in the Canadian Context: A Tribute to Patricia Monture, 2014, pp. 23-50
Description
Comments on the case, McIvor v The Registrar, that had the potential to correct the history of sex discrimination in the Indian Act but failed.
Historically Aboriginal title has been justified by the need to protect Aboriginal peoples from European settlers, but inherent paternalism has undermined Aboriginal title today.
IALL 18th Course on International Law Librarianship
Articles » General
Author/Creator
Pamela O'Connor
International Journal of Legal Information, vol. 28, no. 2, Summer, 2000, pp. 232-265
Description
Brief historical overview followed by discussion of the Federal government's and churches' changing responses to the issue, and judicial decisions which clarified liability in sexual abuse cases.