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.
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.
Boston University International Law Journal, vol. 32, no. 2, Summer, 2014, pp. 101-160
Description
Looks at some of the challenges associated with energy development in the Arctic which include environment, underdeveloped infrastructure and legal issues surrounding consultation.
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.
Provides an overview of historic treaties, modern treaties and non-treaty areas and how duty to consult applies to each group. Focuses on defining the role of the Energy Regulator in reference to the Crown's duty to consult.
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.]
New Human Rights Museum a Monument to Contradiction
Documents & Presentations
Author/Creator
Bruce McIvor
[Cornelius Wabasse
Erwin Redsky
Cathy Merrick]
Description
Topics include the implications of the Tsilhqot’in and Grassy Narrows decisions, duty to consult, provincial treaty obligations, and proposed federal land claims policy.
Canadian Journal of Native Studies, vol. 34, no. 1, 2014, pp. 25-41
Description
Focuses on protests over ecological and environmental issues, their relation to land claims, and how they have been framed in mainstream media and public policy.
Canadian Journal of Law and Jurisprudence, vol. 27, no. 1, January 2014, pp. 213-223
Description
Looks at different evaluations of the idea of reconciliation that mask assimilation or governmental efforts to look good and why the real concept should not be abandoned.
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.
Supreme Court Law Review, vol. 67, 2014, pp. [289]-317
Description
Looks at the Supreme Court decision in Tsilhqot'in Nation v. British Columbia case which opted for a territorial concept rather than the usual theory of Aboriginal title.
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.
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.]
Background Paper (Parliamentary Information and Research Service) ;
Documents & Presentations
Author/Creator
Jed Chong
Description
Looks at the location, size and geology of the area, federal jurisdiction, economic benefits of mining development, ecosystem sensitivity and infrastructure, and initiatives by the federal and provincial governments.
"Revised 29 May 2014."
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.
ICNGD (International Centre for Northern Governance and Deveopment) Report
Report (Conference Board of Canada) ; August 2014
[Conference Board of Canada Publication ; 6338]
Documents & Presentations
Author/Creator
Ken Coates
Greg Poelzer
Heather Exner-Pirot
Joe Garcea
Thierry Rodon
Rebecca Schiff
Graham White Gary Wilson
Description
Examines the transitions in governance in the territories and Northern provincial regions; and discusses the accomplishments, challenges and opportunities facing organizations in Northern communities.
[Aboriginal Canada and the Natural Resource Economy]
Documents & Presentations
Author/Creator
Ken Coates
Greg Poelzer
Description
Examines issues and implications related to the transfer of political authority to the governments of the Yukon, Northwest Territories, and Nunavut. Issues include autonomy, integration, responsibility, accountability and capacity.