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.
Compares testimonies of Drs. Sheila Robinson and Wayne Suttles in the Heiltsuk herring roe fisheries case attempting to show how scholarship can manipulate histories.
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.
Royal Commission on Aboriginal Peoples - Transcriptions of Public Hearings and Round Table Discussions
Documents & Presentations
Author/Creator
Jerry Penny
Edwina Wetzel
Michael Joe
Description
File contains a presentation by Chief Geraldine Kelly, Archaeologist Jerry Penny, Director of Education Edwina Wetzel, and Michael Joe, all of the Miawpukek Band, Conne River, Newfoundland. The presenters discuss the history of the Micmac people in Newfoundland, and claim that they have Aboriginal rights on the island. They discuss some of the archaeological and historical evidence for this, and the court case that the band is involved in with the federal government to have these claims recognized.
File contains a presentation by Paul Turmel, General Manager of the Native Para-Judicial Services of Quebec. Turmel discusses the history and mandate of his organization, and its goal of getting more Aboriginal people involved with the justice system, establishing justice institutions based on the cultural values of Aboriginal nations, and helping Aboriginal accused. Following Turmel's presentation the assembled Commissioners discuss the organization's activities and justice issues generally with him.