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.
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.
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.
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.
Comments on the persistent and ongoing resistance that has been employed by Native Americans in the southwest including Tohono O'odham, Colorado Ute, Jicarilla Apache, Hopi and Navajo.
Sociology Bachelors Thesis (BA)--University of Arizona, 2014.
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.]
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.
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.
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.
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.
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.]
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.
International Journal on Minority and Group Rights, vol. 8, no. 2/3, Special Issue on Sami Rights in Finland, Norway, Russia and Sweden, 2001, pp. 177-222
Description
Examines the role international norms play in shaping Sami policy and possible future repercussions.
The Beaver, vol. 81, no. 6, December/January 2001/2002, pp. 31-[?]
Description
Discusses how pretext of enforcing British law was used to force the Cowichan to submit to British authority and gain access to their land without an agreement.
Looks at agreements signed between mining companies and First Nation communities in Canada in order to establish formal relationships between them, to reduce the predicted impact of a mine, and to secure economic benefist for affected communities.