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 Aboriginal issues pertinent to the development of oil and gas reserves within Alberta, such as unresolved First Nations Treaty and land claim issues and federal and provincial requirements for consultation on treaty and fiduciary obligations.
Discusses the historic approach of governments and the courts in addressing Aboriginal rights relating to land, and some of the key historical circumstances that have prevented resolution of the issues in the past. The article also looks at the current federal and provincial land claims policies in Ontario.
Discusses how the lack of recognition and respect of Aboriginal and treaty rights pose a barrier to maintaining healthy relationships between Anishinabek First Nations, government and police services.
Native Studies Review, vol. 16, no. 2, 2005, pp. 125-149
Description
Book review of: Making Native Space: Colonialism, Resistance, and Reserves in British Columbia by Cole Harris. Comments by Cole about the review also included.
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.]
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.]
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.]
Looks at the three main objectives of the Office of the Treaty Commissioner: recognize the past, resolve outstanding treaty issues and revive the treaty relationship through education.
Duration: 11:59.
Wicazo Sa Review, vol. 20, no. 1, Spring, 2005, pp. 49-69
Description
Discusses concerns by Native American communities of the impacts of science, research and information on nation building and the protection of their rights and culture.
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.
Paper written for conference "Impact of the Haida and Taku River Decisions". Sponsored by the Pacific Business and Law Institute held January 26-27, 2005 in Vancouver. Summary of court decision and clarification of Aboriginal Rights.
Examines the use of physical occupation and civil disobedience by Aboriginal peoples to accomplish their objectives relating to land, treaty, and other rights; and examines the impact of the Nu-Chah-Nulth First Nations’ blockade on forest practices in Clayoquot Sound, Vancouver Island, British Columbia.
American Indian Quarterly, vol. 21, no. 2, Spring, 1997, pp. 229-249
Description
Authors explore the principles of cultural landscapes, traditional cultural properties, and consider different social and political factors that contribute to the effectiveness of these concepts in protecting Indigenous artifacts and significant places.
Historical background and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. Commissioners include: Renée Dupuis and Alan C. Holman. [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 reforms to the 1992 Canada National Forest Strategy proposed by Aboriginal Forest Strategy in the areas of legislation, policies and management practices.
Issue Analysis, no. 63, September 23, 2005, pp. [1]-[20]
Description
Looks into reforming the policies that are causing deprivation so that Aborigines and Torres Strait Islanders can access the same choices and living standards as other Australians.
Cumberland House Cree Nation, IR 100A Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical backround and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. (French language version) Commissioners include: Renée Dupuis 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.]
James Smith Cree Nation IR 100A Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background, submissions, and recommendations from Indian Claims Commission (ICC) hearing to determine if Canada breached its obligations in taking an invalid surrender and in its subsequent disposition of the land. ICC found that James Smith Cree Nation was not owed any lawful obligations, but recommended that Canada's obligations dealing with the disposition of IR100A be negotiated with Cumberland House Cree Nation. (French language version) Commissioners include: Renée Dupuis and Alan C.
James Smith Cree Nation Chakastaypasin IR 98 Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final Report regarding the James Smith Cree Nation's claim challenging the validity of the surrender and sale of the Chakastaypasin Band's Indian Reserve (IR) 98. (French language version) Commissioners include: Renée Dupuis 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.]
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.]
Labour/Le Travail, no. 55, Spring, 2005, pp. 233-243
Description
Books reviewed: In the Shadows of the State: The United Fruit Company, Popular Struggle, and Agrarian Restructuring in Ecuador, 1900-1995 by Steve Striffler.
Cutting the Wire: The Story of the Landless Movement in Brazil by Sue Branford and Jan Rocha.
Feeding the Market: South American Farmers, Trade and Globalization by John Hellin and Sophie Higman.
American Indian Quarterly, vol. 21, no. 4, Cultural Property in American Indian Literatures: Representation and Interpretation, Autumn, 1997, pp. 567-577
Description
Author highlights the ways that the United States’ Legal System has been used by the colonial state government to remove the land and rights of Indigenous peoples.