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.
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.
Examines issues related to quality education for First Nations learners; factors which are associated with First Nations control and jurisdiction; overview of how First Nations are looking to build their governments; provisions for education in their treaties; and education provisions in modern day treaties.
"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.
Historical background and submissions to Indian Claims Commission (ICC) regarding a 1963 dam built on-reserve and its effect on the First Nation's fishing rights, and obligations owed by Canada. ICC recommended the claim not be accepted for Specific Claims Policy due to compensation already received. [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 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.]
Commission on Human Rights: Sub-Commission on Prevention of Discrimination and Protection of Minorities; Fifty-first Session: Item 7 of the Provisional Agenda
Documents & Presentations
Author/Creator
Miguel Alfonso Martínez
[United Nations Economic and Social Council]
Description
Examination of the various aspects surrounding treaties or agreements between Indigenous peoples and the nation states.
Justice as Healing, vol. 2, no. 1, Spring, 1997, p. [?]
Description
Discusses the interpretations of the justice clause in the Treaties.
Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
Justice as Healing, vol. 2, no. 3, Fall, 1997, p. [?]
Description
Excerpt from the Federation of Saskatchewan Indian Nations (FSIN) Strategic Plan for Indian Justice; advocates a system that restores traditions, is community driven and promotes healing.
Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
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 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, 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.]
Alberta Law Review, vol. 36, no. 1, Symposium on Aboriginal Legal Issues, December 1997, pp. 46-96
Description
Explores the "interpretive principle introduced by the Supreme Court of Canada"; analyzes rights in the context of and intent of Treaty and concludes the Court is affirming Aboriginal worldviews and diversity within the Constitution.
Justice as Healing , vol. 2, no. 1, Spring, 1997, p. [?]
Description
Discusses the role of economics in the criminal justice system.
Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
Saskatchewan Indian, vol. 27, no. 4, winter, 1997, p. 20
Description
Agreement with Wascana Energy Inc. provides for development of resources on lands selected by Red Pheasant First Nation as part of its Saskatchewan Treaty Land Entitlement (TLE).
Prairie Forum, vol. 22, no. 2, Fall, 1997, pp. 353-354
Description
Book review of: The True Spirit and Intent of Treaty 7 by Treaty 7 Elders and Tribal Council with Walter Hildebrandt, Sarah Carter and Dorothy First Rider.
Prairie Forum, vol. 22, no. 1, Spring, 1997, pp. 21-46
Description
Reveals the unsuitability of J. A. N. Provencher as Commissioner of Indian Affairs, the criminal allegations brought against him and the inquiry that led to his dismissal in 1878.