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.
Research Paper (National Centre for First Nations Governance)
Research Paper for the National Centre for First Nations Governance
Documents & Presentations
Author/Creator
Maria Morellato
Description
Outlines guiding first principles by examining significant case law as well as discussing the inherent right to self-governance and steps toward reconciliation.
Argues that while, on the surface Canada may seem to have respected the right to self-government, in practical terms it has done little and a landmark decision is needed to speed the process.
Wicazo Sa Review, vol. 33, no. 1, Spring, 2018, pp. 70-86
Description
Author examines the way that the Environmental Protection Agency (EPA) managed the clean-up of mining pollution on Quapaw land at the Tar Creek mine site; outlines frameworks of historic case law and contemporary sovereignty agreements, critically analyses the EPA’s process and its failure to recognize Quapaw sovereignty and self-determination within these contexts.
Discusses how federal Indian law has developed in the United States from the arrival of Columbus through to the self-determination era of today, and looks at the future of the Indian tribes.
Discusses discrepancies between what had been promised in the agreement and what was later published by the Canadian government, and the government's actions after it was signed. Focuses on education, fishing, hunting, mineral, forestry, and wild plant rights, assistance for agriculture, and self-government.
Wicazo Sa Review, vol. 17, no. 2, Autumn, 2002, pp. 143-165
Description
Illustrates, by use of a landmark court case, a parallel between 1492 and the present regarding First Nations in British Columbia and the recognition of Aborignal title.