The McLachlin Court's First Decade: Reflections on the Past and Projections for the Future
E-Books » Chapters
Author/Creator
Maria Morellato
Mandell Pinder
Description
Chapter from: Annual Review of Civil Litigation 2008 edited by Todd L. Archibald, Randall Scott Echlin. Looks at Aboriginal title, rights and legal obligations.
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.
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.
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.
Examines environmental journalism strategies of demonizing, orientalizing, essentializing and exaggerating Indigenous peoples as an argumentative strategy to influence readers in the struggle against policies and proposed rule changes that supports Indigenous cultural practices.
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CLPE Research Paper Series, vol. 04, no. 05, 2008, pp. ii, 1-37
Description
Examines the sources, content and proof of land rights of Indigenous peoples in the United States, Canada, Australia and New Zealand from the common law perspective. Allow time for the link to download the article.
Examines whether the Canadian judiciary system is capable of furthering reconciliation through interpretation of legal rights and duties.
Chapter eight in: The Politics of Reconciliation in Multicultural Societies edited by Will Kymlicka and Bashir Bashir.
Law and Politics Book Review, vol. 18, no. 11, November 16, 2008, pp. 994-997
Description
Book review of: Lament for a First Nation: The Williams Treaties of Southern Ontario by Peggy J. Blair. This book discusses the R. v. Howard court case. (R. v. Howard [1994] 2 Supreme Court Reports 2999).
Wicazo Sa Review, vol. 23, no. 1, Spring, 2008, pp. 7-24
Description
Examines civil rights and sovereignty issues. The article argues that interests of anti-racists, local and state governments jealous of tax bases, corporate America and the federal government are converging in a way that even the Supreme Court will not be able to contain.
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.
Updated version includes three new court cases: Tsilhqo’tin Nation v. British Columbia, Hupacasath First Nation v. British Columbia (Minister of Forests) and Cook v. The Minister of Aboriginal Relations and Reconciliation.