Looks at role of tribunals in reference to Rio Tinto Alcan Inc. et al. v. Carrier Sekani Tribal Council and the implication of this decision on roles of various commissions.
Paper from the Canadian Institute Conference held February 24, 2011.
National Centre for First Nations Governance Research Staff
Description
Highlights provisions made in treaties and agreements ranging from the Peace and Friendship Treaties to the Charlottetown Accord and lists important court cases in chronological order.
Saskatchewan Law Review, vol. 63, 2000, pp. 701-718
Description
Focuses on the ramifications of the case in which the Supreme Court of Canada affirmed the Mi'kmaq treaty right to hunt, fish gather and trade for necessaries.
American Indian Culture and Research Journal, vol. 24, no. 3, 2000, pp. 39-76
Description
Investigates a legal dispute and survey error that was finally corrected, thus allowing Aboriginal fishermen to net suckers at Duck Creek, in Brown County, Wisconsin.
General discussion of the issue of Aboriginal tenure, and through an examination of treaties between the Micmaq, Wabenaki Confederacy and the British Crown asserts that Aboriginal title has not been extinguished in Atlantic Canada.
Excerpted from Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision.
Saskatchewan Indian, vol. 30, no. 2, Spring, 2000, p. 12
Description
Federation of Saskatchewan Indian Nations filed a Statement of Claim regarding Saskatchewan government's implementation of the Provincial Sales Tax for off reserve purchases.
Looks at "modern approach" to interpretation, reviews last three decades of judicial interpretation, and discusses an alternate procedure based on Anishinabe legal principles and Indigenous understandings.
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.