Examines Aboriginal issues pertinent to the development of oil and gas reserves within Alberta, such as unresolved First Nations Treaty and land claim issues and federal and provincial requirements for consultation on treaty and fiduciary obligations.
Discusses the historic approach of governments and the courts in addressing Aboriginal rights relating to land, and some of the key historical circumstances that have prevented resolution of the issues in the past. The article also looks at the current federal and provincial land claims policies in Ontario.
Canadian Journal of Law and Society, vol. 7, 1992, pp. 185-206
Description
Discusses the dispute as to whether Lubicons are included in Treaty Eight or live on unceded land and are therefore entitled to an external adhesion.
A commentary on this article appears in the Canadian Journal of Law and Society, Vol. 7, 1992, pp. 207-212.
Discusses how the lack of recognition and respect of Aboriginal and treaty rights pose a barrier to maintaining healthy relationships between Anishinabek First Nations, government and police services.
Betsiamites Band Highways 138 and Riviere Betsaimites Bridge Inquiries - Final Report (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final report regarding the two specific claims arguing that reserve lands taken for highway construction were never surrendered to Canada and/or transferred to the Province of Quebec. Commissioners include : Sheila G. Purdy and Alan C. Holman.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
Historical background, analysis, and recommendation from Indian Claims Commission (ICC). Issue whether land used for projects was lawfully surrendered or expropriated. No determination by ICC as parties agreed to negotiate a settlement. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Final report regarding the two specific claims arguing that reserve lands taken for highway construction were never surrendered to Canada and/or transferred to the Province of Quebec. Commissioners include : Sheila G. Purdy and Alan C. Holman.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
Looks at the three main objectives of the Office of the Treaty Commissioner: recognize the past, resolve outstanding treaty issues and revive the treaty relationship through education.
Duration: 11:59.
Paper written for conference "Impact of the Haida and Taku River Decisions". Sponsored by the Pacific Business and Law Institute held January 26-27, 2005 in Vancouver. Summary of court decision and clarification of Aboriginal Rights.
Historical background and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. Commissioners include: Renée Dupuis and Alan C. Holman. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Cumberland House Cree Nation, IR 100A Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical backround and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. (French language version) Commissioners include: Renée Dupuis and Alan C. Holman.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
James Smith Cree Nation IR 100A Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background, submissions, and recommendations from Indian Claims Commission (ICC) hearing to determine if Canada breached its obligations in taking an invalid surrender and in its subsequent disposition of the land. ICC found that James Smith Cree Nation was not owed any lawful obligations, but recommended that Canada's obligations dealing with the disposition of IR100A be negotiated with Cumberland House Cree Nation. (French language version) Commissioners include: Renée Dupuis and Alan C.
James Smith Cree Nation Chakastaypasin IR 98 Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final Report regarding the James Smith Cree Nation's claim challenging the validity of the surrender and sale of the Chakastaypasin Band's Indian Reserve (IR) 98. (French language version) Commissioners include: Renée Dupuis and Alan C. Holman.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
Final Report regarding the James Smith Cree Nation's claim challenging the validity of the surrender and sale of the Chakastaypasin Band's Indian Reserve (IR) 98. Commissioners include: Renée Dupuis and Alan C. Holman.
[These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
Historical background, submissions, and recommendations from Indian Claims Commission (ICC) hearing to determine if Canada breached its obligations in taking an invalid surrender and in its subsequent disposition of the land. ICC found that James Smith Cree Nation was not owed any lawful obligations, but recommended that Canada's obligations dealing with the disposition of IR100A be negotiated with Cumberland House Cree Nation. Commissioners include: Renée Dupuis and Alan C. Holman.
Reviews claims by the Cumberland House Cree Nation, the James Smith Cree Nation, the Chakastaypasin Claim and Betsiamites Band claim. Complete issue on one pdf.
Lead lawyer in the Marshall and Bernard cases speaks about past court decisions as they pertain to the negotiation process taking place in Nova Scotia.
Duration: 1:19:47.
The Canadian Journal of Native Studies, vol. 12, no. 1, 1992, pp. 1-35
Description
History of the Lubicon, and their struggle for recognition as a people, with discussion about the changing positions of the Federal and Provincial governments regarding the right of the Lubicon to determine their own membership.
Overview of the changes regarding involvement of local people in the process of incorporating indigenous knowledge into resource management decision making.
Discusses the events leading up to the settlement of the Clench Defalcation claim and looks at the role the Commission played in the resolution process. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Discusses the allocation and management of lands and resources as it affects Aboriginal peoples and as seen in the case law that deals with Aboriginal rights.
RCAP 25 contains files from the sitting of the Royal Commission on Aboriginal Peoples at Pangnirtung, Northwest Territories [Nunavut]. This sitting of the Commission contains presentations by on a variety of subjects such as land claims and self-government, Inuit education, employment, pollution, and the arts. Each presentation can be viewed individually on this site.
RCAP 30 contains files from the sitting of the Royal Commission on Aboriginal Peoples at the Thomas Cheechoo Memorial Centre, Moose Factory, Ontario. This sitting of the Commission contains presentations on a variety of subjects such as reserve infrastructure, education, health services, unemployment, land claims and self-government. Each presentation can be viewed individually on this site.
File contains a presentation by Chief Marcel Boivin of the Weymontachie Council. Boivin discusses the Weymontachie community in demographic terms, and social problems facing it. Boivin also discuses relations with the federal and Quebec governments, forestry development, and land claims negotiations. Following the presentation Boivin discusses some of these issues with Robinson and Dussault.
File contains a presentation by Vice President Ernest Ottawa of the Attikamek-Montagnais Council. Ottawa discusses the Council which consists of three Attikamek communities in Lac St-Jean, the North Shore, the lower North Shore, and Sheffereville in the North, and its mandate of coming to an agreement with the Governments of Quebec and Canada on the settlement of comprehensive land claims. Following Ottawa's presentation Commissioners Ottawa, Robinson, and Dussault discuss some of the issues raised with him.
File contains a presentation by President Simon Awashish of the Council of the Attikamek Nation. Awashish discusses the history of the Attikamek, land holding, land management, self-governance, economic development, wildlife management, and resources. Following the presentation Awashish discusses these issues with Dussault.
Royal Commission on Aboriginal Peoples - Transcriptions of Public Hearings and Round Table Discussions
Documents & Presentations
Author/Creator
Francois Vincent
Description
File contains a presentation by Assistant Chief Francois Vincent giving an overview of the history of the Huron-Wendat people, and specifically the people who settled at Lorette, near Quebec City.
File contains an individual presentation by Ben Andrew focusing on Innu land claims and self-government. Andrew states the Canadian government has "deprogrammed Innu people so they deny their own people, their own nationhood, and their own uniqueness." Andrew is skeptical of the Commission's purpose and goals but hopes the Commission can influence the federal government in future negotiations relating to Innu land claims and self-government. Following the presentation are brief remarks by Rene Dussault, Co-Chair.
File contains a presentation by Cliff Calliou. Calliou, a Cree man from Kelly Lake, British Columbia, outlines a detailed programme for Aboriginal self-governance which pertains to a wide variety of areas. Amongst the areas Caillou addresses are governance structures (including a council of Elders), government funding issues, the need for a land and resource base, education, history, culture, health care, ethics, social services, and justice concerns. Following the presentation the assembled Commissioners discuss some of the issues raised with Calliou.
Royal Commission on Aboriginal Peoples - Transcriptions of Public Hearings and Round Table Discussions
Documents & Presentations
Author/Creator
Margaret Gladue
Description
File contains an individual presentation by Margaret Gladue, a Metis woman, relating to Crown Land at Eleanor Lake, Alberta. She and her family live close to the lake in an area that is frequented by weekend campers. Gladue has attempted to get the Canadian government to authorize her miscellaneous lease on the land she and her husband grew up on. She calls for the Commission to help cut through the red tape so her family can live on their ancestors' land. Following the presentation is a question-and-answer session with the Commissioners.
File contains an Open Forum with Henri Jacob, Jean Dominique Leccia, Yvon Beaule. The three participants raise a variety of general concerns over Indigenous relations, government policy, land claims, self-governance issues, economic development and the environment. Following the forum are remarks by Commissioners Allan Blakeney and Rene Dussault, after which the Commission concludes its sitting for the day.
File contains Opening Remarks from the sitting of the Royal Commission on Aboriginal Peoples at Davis Inlet, Labrador, on Tuesday, December 1, 1992. Commissioner Georges Erasmus explains the mandate and goals of the Commission, as well as giving a summary of what the first round of hearings accomplished. Commissioner Mary Sillet discusses the Commission and some issues specific to the Innu Nation, as well as Davis Inlet.
File contains opening remarks by Commissioner Georges Erasmus delivered at the hearing of the Royal Commission on Aboriginal Peoples at La Ronge, Saskatchewan on Thursday May 28, 1992. Erasmus intorduces the Commission and its mandate to the people in attendance, and discusses a wide range of Aboriginal issues as well as his hopes that the Commission will be an excercise in developing positive solutions to issues rather than just another study.
File contains a presentation by Anthony Francis, Former Chief, Big Cove, New Brunswick, discussing the effects of the British North America Act, the Indian Act, the Diamond Jenness Policy and the White Paper have had on Canadian Aboriginal peoples. Following the presentation is a discussion with the Commissioners.
Royal Commission on Aboriginal Peoples - Transcriptions of Public Hearings and Round Table Discussions
Documents & Presentations
Author/Creator
Augustine Abraham
Description
File contains a presentation by Augustine Abraham, President of l'Union nationale metisse St-Joseph du Manitoba, in French. Abraham relates the history of her organization, which was founded to represent the francophone and Roman Catholic Metis community of Manitoba in 1887. She discusses how the idea of a seperate Metis government is contrary to Louis Riel's vision, and how her organization would like to see the Metis as partners in Canada. Abraham also discusses land issues, and the then recent Constitutional talks chaired by Joe Clark (the so-called "Canada Round" of negotiations).
File contains a presentation by Bob Neale, President of the Nicola Stock Breeders' Association. Neale discusses his concerns with the land claims process underway in the Nicola Valley area of British Columbia and makes a variety of requests including that grazing rules for Crown Land be the same for Aboriginal and Non-Aboriginal stock owners, and that an impartial third party be included in the land claims resolution process. Following the presentation Commissioners Dussault and Chartrand thank Neale for his contributions.
File contains a presentation by Brian Cook. Cook discusses the need to incorporate Aboriginal history into school curriculums, the importance of having a land base, the Indian Act, the lack of an economic base for the reserve system, and problems with the justice system. Much of Cook's presentation deals with systemic racism. Following the presentation is a discussion between Cook and the Commissioners on the issues he has raised.