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.
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.
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.]
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.]
Describes the land-based university program and its role in resisting settler colonial capitalism, particularly the oil-based extractive resource economy that has defined the relationship between the Dene and the Canadian nation state.
Defines the level of consultation that the Crown is responsible for when dealing with a treaty First Nation and the obligations to implement treaty promises.
Policy Brief (Ivey Business School) ; September 2014
Documents & Presentations
Author/Creator
[Guy Holburn
Margaret Loudermilk
Andre Wilkie]
Description
Overview of the development of Aboriginal rights beginning with the Royal Proclamation of 1763 and general discussion of consultation practices in Canada.
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 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.
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.]
Honour Among Nations? Treaties and Agreements with Indigenous People
E-Books » Chapters
Author/Creator
Bradford W. Morse
Description
Comments on the value of treaty making for both parties.
Chapter 2 from Honour Among Nations? Treaties and Agreements with Indigenous People edited by Kathryn Shain, Marcia Langton, Maureen Tehan, Lisa Palmer.
Commemorates the 20th anniversary of the Inuvialuit Final Agreement (IFA) with a brief history of changes in society since first major contact and outlines the changes which have been the result of the settlement of the land claim.
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.]