Outlines the transfer of Rupert's Land and the North-Western Territory to the Dominion of Canada, and compares the Hudson Bay Company's claim versus the Aboriginal claim.
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.
Alberta History, vol. 53, no. 3, Summer, 2005, pp. 13-24
Description
Discusses a gathering of Kainai, Pikuni and Siksika Nations for a political convention conducted under the surveillance by the Royal Canadian Mounted Police.
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.
Human Organization , vol. 64, no. 3, Fall, 2005, pp. 240-250
Description
Explores whether cultural differences either enhance or hinder the working-group effectives or resource co-management boards established under Canada's comprehensive land claims process.
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.]
Canadian Geographer, vol. 49, no. 4, Winter, 2005, pp. 352-366
Description
Analysis of the provincial Liberal administration's 2002 referendum seeking public decision-making on land claims. Article illustrates use of arguments based in economics used and by way of systemic bias disregarding historical context of issues.
American Indian Culture and Research Journal, vol. 16, no. 1, 1992, pp. 87-109
Description
Examines the critically complex issue of financing self-government, comparing fiscal difficulties experienced in the Alaska Native Claims Settlement Act, James Bay and the Inuvialuit in the Northwest Territories (NWT).
Canadian Native Law Reporter, vol. 1, 1992, pp. 40-69
Description
Examines a poorly reasoned decision by the Supreme Court of Canada, the Bear Island case in which there is a lack of analysis and failure to apply established principles of Aboriginal title, and departs from existing case law.
American Indian Quarterly, vol. 16, no. 3, Summer, 1992, pp. 337-360
Description
Article details the formation of the Western Shoshone National Council and their role in resisting the ruling of the Indian Claims Commission that the Indian title on their traditional territories was extinguished in the late 19th century.
Overview of the Indian Claims Commission's activities for the year including inquiries and reports, special initiatives and plans for the next year. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Outlines the inception and history of the Indian Claims Commission (ICC) and how it has gained credibility as an independent, neutral body conducting inquiries into specific claim disputes. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]