Produced as a result of dissatisfaction with the Department of Indian and Northern Affairs' engagement process for the development of proposed legislative framework for drinking water in First Nation communities. Looks at three types of water-related rights: water, self-government, and adequate levels of environment protection.
[ Aboriginal Self-Determination?: An Assessment of Enabling Legislation Permitting First Nations to Assume Some Degree of Control over Their Lands, Resources, Moneys and Development]
Documents & Presentations
Author/Creator
David K. Laidlaw
Description
Includes: primary (legislation and jurisprudence case law) and secondary sources.
Discusses history and culture of First Nations groups including the Coast Salish, Nlaka’pamux, Ts'ilhqot'in Secwepemc, Okanagan, Stl’atl’imx, Wet’Suwet’en, Sekani, and Dakelh First Nations.
Discusses changes based on the ruling from the McIvor case that found parts of the Indian Act not compliant with the Canadian Charter of Rights and Freedoms.
Canadian Journal of Political Science, vol. 42, no. 4, December, 2009, pp. 957-979
Description
Discusses the evolution of Aboriginal rights, concepts of identity and culture, theory of group rights, and consequences of the cultural test adopted by the Supreme Court of Canada.
Reviews the alleged failure of the Government of Canada to fulfil its duty to consult and accommodate the Dene Tha' First Nation regarding the Mackenzie Gas Pipeline.
[Frequently Asked Questions - Engagement Process - Amendments to the Registration Provisions of the Indian Act As per the Court of Appeal for British Columbia's Decision in the Sharon McIvor Litigation]
Documents & Presentations
Author/Creator
Indian and Northern Affairs Canada
Description
Answers questions regarding new amendments to the Indian Act in the wake of the ruling of McIvor v. Canada (Registrar of Indian and Northern Affairs).
Report prepared for Insight Information's conference Aboriginal Oil and Gas: Preparing and Planning for the Next Wave of Resource Development Projects, April 24-25, 2006, Edmonton, Alberta. With additional comments on:
Haida Nation v. British Columbia and Taku River Tlingit First Nation v. British Columbia
American Indian Quarterly, vol. 33, no. 2, Spring, 2009, pp. 253-279
Description
Legal history of gambling, the passing of the Indian Gaming Regulatory Act and why the United States has a problem with the management of Native American gaming.
Topics covered are: characteristics of traditions, examples of law (Hodinohso:ni, Anishinabek, Cree, Métis, Carrier, Nisga’a, Inuit, Mi'kmaq), multi-juridical legal culture, challenges and opportunities in recognizing Indigenous traditions, and entrenching multi-juridicalism in Canada.
North Dakota Law Review, vol. 82, no. 3, The Pedagogy of American Indian Law, 2006, pp. 627-695
Description
Re-examines the three decisions that make up the bases for Indian common law known as the "Marshall Trilogy": Johnson v M'Intosh, Cherokee Nations v. Georgia, and Worcester v. Georgia.
McIvor v. Canada (Registrar of Indian and Northern Affairs) 2009 British Columbia Court of Appeal 153
Sharon Donna McIvor and Charles Jacob Grismer (Plaintiffs) and the Registar, Indian and Northern Affairs Canada, The Attorney General of Canada [...]
Documents & Presentations
Author/Creator
British Columbia Court of Appeal
Description
Court ruling found that the registration provisions in the Indian Act were unconstitutional as they violated the equality provision of the Charter of Rights and Freedoms.
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.
Discusses how members of the Maliseet and Mi’kmaq First Nations were charged in New Brunswick with unlawful possession or unlawful cutting of Crown timber.
Looks at Canada's "in-principle" agreement regarding compensation from residential schools and compares this to Australia's compensation recommendations from the "Bringing Them Home" report.
European Seminar for Graduate Students in Canadian Studies ; 16th
E-Books » Chapters
Author/Creator
Tracie Scott
Description
Discusses how competing interpretations of history have influenced arguments used, and decisions rendered, in court cases.
Excerpt from Dynamics of Canada: Studying Canada's Past and Current Realities edited by Keith Battarbee and Mélanie Buchart.
Entire volume on one pdf. To access this paper scroll to p. 99.