Native Studies Review, vol. 14, no. 1, 2001, pp. 1-26
Description
Introduction to Supreme Court of Canada decision regarding Aboriginal rights and title in British Columbia. Part one focuses on Chief Justice Lamer's judgement looking at the evidence.
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.
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.
Environmental Impact Assessment Review, vol. 21, no. 4, pp. 363-384
Description
Discusses the two most influential environmental assessments; the Berger Inquiry (Mackenzie Valley Pipeline Inquiry) and BEARP (Beaufort Sea Environmental Assessment and Review Process) as well as the Great Whale River Hydroelectric Project in Northern Quebec and the Ekati Diamond Mine in NWT.
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.]
American Indian Culture and Research Journal, vol. 25, no. 1, 2001, pp. 81-111
Description
Compares the U.S. Indian Claims Commission and New Zealand Waitangi Tribunal to determine which achieved the greatest redress for their government's injustices through colonization.
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, submissions and recommendation from Indian Claims Commission (ICC) hearing to determine whether band members voting on surrender of part Reserve 73 were eligible under the Indian Act. ICC recommended 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) 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.]
Looks at the intellectual, structural and political attributes of the British Columbia Treaty Commission (BCTC) process in order to see why it failed. Provides recommendations for future collaboration between governments and Indigenous Nations.
Paper from Indigenous Peoples in the International Sphere.
Final project report.
Examines the role of the Alsek Renewable Resource Council in Yukon’s first forest management plan, and the challenges associated with the devolution of forest management planning responsibilities.
Article explores governments' failure to implement, in legislatures and court systems, the Commission's recommendations regarding Aboriginal and treaty rights to land and resources.
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.]
Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine whether Canada failed to satisfy its fiduciary obligation to the Band for exclusion of reserves from its land base. ICC found in the Band's favour and recommended claim be accepted for negotiation under 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.]
Ottawa Law Review, vol. 33, 2001-2002, pp. 301-346
Description
Argues that from the case Chippewas of Sarnia there may be a third method of extinguishment of Aboriginal title; extinguishment by exercise of judicial discretion.
Brief description of why the Indian Claims Commission was established and what it does. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]