Overview of significant decisions in the areas of: Aboriginal rights and title, costs, division of powers, duty to consult, fiduciary duty, Honour of the Crown, Indian Act Registration, infringement, specific claims, treaties, etc.
Study consisted of a literature review, ten interviews, and four case studies: Tłı̨chǫ All‐season Road Project, Hope Bay Mining Ltd, Offshore Oil and Gas Strategic Environmental Assessment, and Adams Lake Cumulative Effects Land Use and Management Assessment
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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.
Discussion of current land and resource strategies used by the federal and provincial governments and how they interface with Aboriginal law and Aboriginal rights and title.
The Need for a Unique Métis Claims Process - Minister's Special Representative Report (2016) on Métis Section 35 Rights
Media » Film and Video
Author/Creator
Thomas Isaac
Zachary Davis
Description
Two presentations: "The Need for a Unique Métis Claims Process - Minister's Special Representative Report (2016) on Métis Section 35 Rights" and "Métis Scrip: A Claim Against the Crown". Followed by question and answer period.
Duration: 1:54:44.
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.
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.