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.
Guide provides Aboriginal perspective on "consultation in good faith" and outlines practices needed to gain positive results for First Nations in British Columbia.
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.
Canadian Bar Review, vol. 87, no. 2, 2009, pp. [357]-390
Description
Discusses the doctrine of cultural continuity in relation to rights, the framework of residual sovereignty, and the application of a more generous application of the reconciliation doctrine.
Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms
Law and Society Series
E-Books » Chapters
Author/Creator
Kiera L. Ladner
Michael McCrossan
Law and Society Series
Description
Discusses Aboriginal groups' viewpoints on the Constitution Act, 1982 and how readings of it by the Supreme Court of Canada varied from the Aboriginal interpretation.
Chapter 14 from Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms edited by James B. Kelly, Christopher P. Manfredi.
[Indigenous Law & Policy Center Occasional Paper Series]
[Indigenous Law & Policy Center Working Paper ; 2009-03]
Documents & Presentations
Author/Creator
Novaline D. Wilson
Description
Looks at the two issues on appeal that the Supreme Court will decide. Looks at Rhode Island's argument that the Secretary of the Interior lacks legality to take land into trust for Narragansett Tribe under the Indian Reorganization Act (IRA).
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.