Discusses the tests used by the Supreme Court of Canada to determine whether Aboriginal title exists. Uses the Delgamuukw v. British Columbia case as example of the principle of first occupancy.
Duration: 7:17.
Presents overview of Bill C-21 and examines the Charter of Rights and Freedoms, Aboriginal and treaty rights, and human rights law in the interpretation of Section 1.2. Looks at how First Nations communities should implement the legislation.
Canadian Tax Journal, vol. 55, no. 4, 2007, pp. 777-802
Description
Contends that the basis for generating revenues from property relies on one of two sources: section 91(3) of the Constitution Act of 1867, or section 35(1) of the Constitution Act of 1982 and that the scope of power may depend on which source has been used.
Section 67 barred complaints of discrimination against federal and First Nations governments in relation to acts and decisions authorized by the Indian Act. Document supports the repeal in principle, but raises issues with respect to Aboriginal and Treaty Rights and implementation.
Looks at a number of current and critical conflicts associated with Aboriginal rights, treaty rights, and the inherent right to First Nations self-government.
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Video reports that Canadian law recognizes treaties as solemn, sacred agreements that create legally enforceable obligations on behalf of the First Nations and the Crown.
Duration: 33:08.
Indigenous Law Journal, vol. 6, no. 1, 2007, pp. 141-178
Description
Research article highlights how Section 35 cases on pre-contact rights and activities challenge the goal of protecting the inherent right to self-government of Aboriginal peoples.
Discusses how federal Indian law has developed in the United States from the arrival of Columbus through to the self-determination era of today, and looks at the future of the Indian tribes.
Looks at how the Province of British Columbia handles duty to consult and accommodate First Nations when activities impose on treaty rights or aboriginal title. Based on case law as of April 2010. To be used in conjunction with Guide to Involving Proponents When Consulting First Nations.
Confederacy of Treaty Six First Nations Perspectives on Consultation January 17-18, 2009
Documents & Presentations
Author/Creator
Peter W. Hutchins
Description
Looks at the Federal Court of Canada and the Federal Court of Appeal Judgments in the Samson Cree Nation case and the Victor Buffalo v. Her Majesty the Queen case.
McMillan Aboriginal Law Bulletin, January 2010, pp. 1-3
Description
Discusses the Crown's obligation to consult whenever their actions could impact Aboriginal right or title interests that are recognized by section 35 of the Constitution.