Osgoode Hall Law Journal, vol. 37, no. 4, 1999, pp. 712-774
Description
Looks at the legal and regulatory basis of forest management, and assess how new tenure systems might be developed that would uphold traditional values while providing economic and employment opportunities.
Australasian Canadian Studies, vol. 27, no. 1-2, Globalising Indigeneity: New Research Directions, 2009, pp. 1-4
Description
Keynote speaker's address opens this special issue which aims to showcase the depth and breadth of Indigenous Studies in Australia, Canada, and New Zealand.
Entire issue on one pdf. To access article, scroll to page 1.
Basic definitions and information about on-reserve real property rights following separation or divorce of married or common-law couples. Not intended to provide legal advice.
American Indian Quarterly, vol. 3, no. 4, Winter, 1977-1978, pp. 335-356
Description
Author argues that violence in Cherokee communities can be attributed to the combination social-structural problems found on reservations and the erosion of traditional cultural norms.
Historical background and submissions to the Indian Claims Commission (ICC) regarding Canada breaching its fiduciary obligations to the Band for environmental damages to Reserve 201 caused by construction and operation of the W.A.C. Bennett Dam. ICC found Canada has a lawful obligation and recommends the claim be negotiated under Canada's Specific Claims Policy. Commissioners include : P.E. James Prentice, Carole T. Corcoran, Aurélien Gill. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Betsiamites Band Highways 138 and Riviere Betsaimites Bridge Inquiries - Final Report (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final report regarding the two specific claims arguing that reserve lands taken for highway construction were never surrendered to Canada and/or transferred to the Province of Quebec. Commissioners include : Sheila G. Purdy and Alan C. Holman.
[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.]
Frontiers: A Journal of Women Studies, vol. 29, no. 2 & 3, 2008, pp. 81-105
Description
Discussion on how the United States government used the intermarriage between Indians and non-Indians to undermine Indian control of their own lands and legal identity.
Historical background, analysis, and recommendation from Indian Claims Commission (ICC). Issue whether land used for projects was lawfully surrendered or expropriated. No determination by ICC as parties agreed to negotiate a settlement. [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 least prosperous demographic group in Canada.
Introduction from: Beyond the Indian Act: Restoring Aboriginal Property Rights by Tom Flanagan, Christopher Alcantara, Andre Le Dressay.
Legislative Summary (Parliamentary Information and Research Service) ; LS-495E
Documents & Presentations
Author/Creator
Mary C. Hurley
Marlisa Tiedemann
Description
Brief description of background and contents of the Bill, which proposes establishment of an institutional framework to provide First Nations who decide to opt in with tools to address economic development and fiscal issues on-reserve. Includes provision for governments to establish their own financing through property tax and borrowing regimes.
Incorporates amendments to Bill C-23 that were adopted by the House of Commons at Report Stage.
Legislative Summary (Parliamentary Research Branch) ; LS-475E
Documents & Presentations
Author/Creator
Tonina Simeone
Description
Opt-in legislation proposes Establishment of four financial institutions: First Nations Finance Authority, First Nations Tax Commission, First Nations Financial Management Board, and the First Nations Statistical Institute. Targets mechanisms aimed at enhancing fund-raising capacity through taxation of leasehold interests on reserve land and access to long-term loans for community development.
First Nations Child and Family Caring Society of Canada
Description
Submitted to the International Covenant on Economic, Social and Cultural Rights 55 Pre-Sessional Working Group Consideration of List of Issues, Sixth Periodic Report, Canada.
Looks at treaties, Aboriginal rights and and land claims for resource rich land. Concludes with a list of issues effecting Indigenous rights in other countries.
Historical background and submissions to Indian Claims Commission (ICC) on whether a 1909 surrender vote was improperly conducted and therefore invalid. ICC concluded a valid surrender occurred; but recommended consideration be given to existence of burial grounds.
Commissioners include: Roger J. Austine, Daniel J. Bellegarde, and Sheila G. Purdy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Brief article examines the evolving statutory and common law basis for Aboriginal conduct of, and participation in, land use planning on First Nations reserves, treaty settlement lands and crown lands.
Historical background of claim presented to the Indian Claims Commission (ICC) concerning the validity of the surrender of the reserve to the Crown. No inquiry was conducted as the claim was accepted for negotiation under the Specific Claims Policy.
Commissioners include: Roger J. Augstine, Daniel J. Bellegarde, and Renée Dupuis. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER.
Contains historical documents and reports relating to a claim by the Thames First Nation of misappropriation of funds by Joseph Brant Clench, an officer with the Indian Department in 1854.
Commissioners include: Phil Fontaine 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.]
Indian Claims Commission (ICC) was to determine if moneys owed by Crown from the sale of surrendered land had been wrongfully appropriated by an officer of the Indian Dept. No inquiry was conducted as after several planning sessions, Canada accepted the claim for negotiation. Commissioners include: Phil Fontaine 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.]
FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER.
Contains historical documents, draft reports and both the English and French inquiry reports relating to a claim alleging that the reservation had never been properly surrendered to the Crown. Commissioners include: Roger J. Augustine, Daniel J. Bellegarde, and Renée Dupuis.
[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.]
Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice
E-Books » Chapters
Author/Creator
Martin [Marty] D. Irwin
Description
Article from 1993 Conference proceedings, discusses challenges facing municipalities and First Nations in the formation of urban Reserves.
Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.
Analysis includes sections dealing with: application of the Act; definition and registration of Indians; reserve lands (ownership, trespass, surrenders, lands taken for public purpose, and management); estates; management of Indian moneys; election of Chiefs and Councilors and powers of Councils; enfranchisement; and taxation.
Canadian Historical Review, vol. 95, no. 3, September 2014, pp. 352-381
Description
Describes how the Department of Indian Affairs attempted to undermine leaders and gain control of lands by subdividing the reserve into plots which would be individually-owned, with the ultimate goal of dispersing the community.
Geographical Review, vol. 70, no. 4, October 1980, pp. 379-396
Description
Examines government policy in the period 1870-1885 which forced both geographic redistribution and curtailed the traditional Aboriginal ways of life in the midst of rapidly changing ecological and economic conditions.