Discusses the tests used by the Supreme Court of Canada to determine whether Aboriginal title exists. Uses the Delgamuukw v. British Columbia case as example of the principle of first occupancy.
Duration: 7:17.
Looks at role of tribunals in reference to Rio Tinto Alcan Inc. et al. v. Carrier Sekani Tribal Council and the implication of this decision on roles of various commissions.
Paper from the Canadian Institute Conference held February 24, 2011.
Indigenous Law Journal, vol. 8, no. 1, 2010, pp. 81-94
Description
Discusses ramifications of the courts' ruling on a case which alleged discrimination on the part of the federal government's Pilot Sales Program, a program which allowed Aboriginals preferential treatment not only for sustenance salmon fishing, but for commercial purposes as well.
Discusses the right of Aboriginal title and duty to consult. Presents examples where Aboriginal people and the Crown have come together to reach an agreement.
Duration: 7:30.
Looks at how the Province of British Columbia handles duty to consult and accommodate First Nations when activities impose on treaty rights or aboriginal title. Based on case law as of April 2010. To be used in conjunction with Guide to Involving Proponents When Consulting First Nations.