Book reviews of two books: Aboriginal and Treaty Rights in Canada edited by Michael Asch.
Treaty Talks in British Columbia by Christopher McKee.
Scroll down to page 102 to read review.
"Co-Existence of Indigenous and Non-Indigenous Land Rights: Australia and Canada Compared in Light of the Wik Decision "
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Indigenous Law Bulletin, vol. 4, no. 5, 1997, pp. 4-9
Description
Looks at the way courts in Australia and Canada deal with indigenous rights and concludes that Canadian courts do more to preserve rights in the face of Crown grants.
American Indian Quarterly, vol. 21, no. 2, Spring, 1997, pp. 229-249
Description
Authors explore the principles of cultural landscapes, traditional cultural properties, and consider different social and political factors that contribute to the effectiveness of these concepts in protecting Indigenous artifacts and significant places.
Historical background and submissions to Indian Claims Commission (ICC) regarding a 1963 dam built on-reserve and its effect on the First Nation's fishing rights, and obligations owed by Canada. ICC recommended the claim not be accepted for Specific Claims Policy due to compensation already received. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Inquiry Into the 1907 Surrender Claim of the Fishing Lake First Nation (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and issues involved in Indian Claims Commission (ICC) hearing to determine the validity of the 1907 surrender. (French language version)
Commissioners include: P.E. James Prentice and Roger J. Augustine.
[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.]
Inquiry Into the 1907 Reserve Land Surrender Claim of the Kahkewistahaw First Nation (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine if surrender was valid, complied with the provisions of the Indian Act and whether Canada's fiduciary obligations were met. ICC found that although the surrender was valid and unconditional, Canada had breached its pre-surrender fiduciary obligations in allowing it to take place. (French language version) Commissioners include: P.E. James Prentice and Roger J.
Inquiry Into the 1927 Surrender Claim of the Chippewas of Kettle and Stoney Point First Nation (French version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and submissions to Indian Claims Commission (ICC) regarding whether the surrender was valid; whether Canada breached its fiduciary obligations. ICC found the surrender valid; that Canada breached its fiduciary duties; and the claim be negotiated under the Specific Claims Policy. (French language version)
Commissioners include: Roger J. Austine and Daniel J. Bellegarde.
[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.]
Constitutional Forum, vol. 8, no. 2, 1997, pp. 33-39
Description
Examines six court cases that deal with section 35(1) of the Constitution Act, 1982 and the profound impact that these decisions will have in future judicial decisions and claims.
Journal of American Indian Education, vol. 25, no. 3, May 1986, pp. [12-21]
Description
Discusses the rapid social change and long-term effects that undermined traditional self-sufficient Alaskan lifestyle including factors such as welfare dependence; and stresses strategies about education and community development are essential.
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.]
Native Studies Review, vol. 2, no. 2, 1986, pp. 1-45
Description
Paper attempts to provide an overview of Indian policy
developments in context of recent policy initiatives of the Minister of Indian Affairs, Concludes with with observations on the current status of policy reforms.Part I appeared in NSR, Vol.2, no.1
Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine if surrender was valid, complied with the provisions of the Indian Act and whether Canada's fiduciary obligations were met. ICC found that although the surrender was valid and unconditional, Canada had breached its pre-surrender fiduciary obligations in allowing it to take place. Commissioners include: P.E. James Prentice and Roger J. Augustine.
Historical background and issues involved in Indian Claims Commission (ICC) hearing to determine the validity of the 1907 surrender. Commissioners include: P.E. James Prentice and Roger J. Augustine. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submission to the Indian Claims Commission (ICC) regarding Canada's obligations to the First Nation concerning the surrender of IR 112 and 112A in 1909. ICC recommended that the claim be accepted for negogiation under the Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submissions to Indian Claims Commission (ICC) regarding whether the surrender was valid; whether Canada breached its fiduciary obligations. ICC found the surrender valid; that Canada breached its fiduciary duties; and the claim be negotiated under the Specific Claims Policy.
Commissioners include: Roger J. Austine and Daniel J. Bellegarde. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submission to Indian Claims Commission (ICC) regarding Canada's unfulfilled obligation to provide economic benefits; action commenced in Alberta against federal and provincial Crown. ICC recommended negotiation be delayed until court action resolved. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submissions to Indian Claims Commission (ICC) hearing to determine if this claim fell within the Specific Claims Policy, and whether Canada breached its fiduciary obligation to protect the Band’s settlement lands by allowing the lands to be alienated when timber leases and licences were granted. ICC recommended that the claim be accepted for negotiation under the Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background and submissions to Indian Claims Commission (ICC) whether Agent Halliday breached his fiduciary obligation by failing in three instances to provide information to the then Nimpkish Band about availability of additional reserve lands. ICC recommended one of the three claims be negotiated under the Specific Claims Policy; two other claims failed for lack of information. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Historical background, submissions and recommendations from the Indian Claims Commission (ICC) hearing to determine the appropriate date to use for the population count for Treaty land entitlement purposes. ICC found the date of first survey (1887) to be the appropriate date and recommended the two parties pursue research to determine the population figure. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Explores Inuit culture by piecing together oral histories, archaeological research, and the writings of various 19th-century explorers and visitors to the western Arctic.
Canadian Journal of Native Studies, vol. 17, no. 1, 1997, pp. 33-74
Description
Discusses the landmark Australian case, the Mabo decision in the historical context of race relations and reviews issues such as separation of powers doctrine, terra nullius, sovereignty, and Native title.
Native Studies Review, vol. 2, no. 2, 1986, pp. 65-77
Description
Response to paper Indian Policy in the New Conservative Government Part I, The Nielsen Task Force of 1985 and Part II, The Nielsen Task Force in the Context of Recent Policy Initiative by Sally M. Weaver.
Australian Indigenous Law Reporter, vol. 2, no. 1, April 1997, p. 10
Description
Argues that the Canadian case, R versus Van Der Peet, has allowed the Australian Courts to interpret Aboriginal or Native title in a more restrictive manner.