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.
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.
Looks at reforms to the 1992 Canada National Forest Strategy proposed by Aboriginal Forest Strategy in the areas of legislation, policies and management practices.
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.
Inquiry Into the 1927 Surrender Claim of the Chippewas of Kettle and Stoney Point First Nation (French version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
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. (French language version)
Commissioners include: Roger J. Austine and Daniel J. Bellegarde.
[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.]
Constitutional Forum, vol. 8, no. 2, 1997, pp. 33-39
Description
Examines six court cases that deal with section 35(1) of the Constitution Act, 1982 and the profound impact that these decisions will have in future judicial decisions and claims.
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 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.]
Australian Indigenous Law Reporter, vol. 2, no. 1, April 1997, p. 10
Description
Argues that the Canadian case, R versus Van Der Peet, has allowed the Australian Courts to interpret Aboriginal or Native title in a more restrictive manner.
Court considered the validity and duratiion of a permit granting right-of-way to a provincial utility company for power lines across a reserve pursuant to Indian Act, s. 28(2)
Native Studies Review, vol. 2, no. 1, 1986, pp. 45-67
Description
Focuses on Commission's recommendations for dealing with, "The Indian people in the North of Ontario" and suggests circumstances and time may have eliminated any impact the recommendations could have achieved.