Osgoode Hall Law Journal, vol. 37, no. 4, 1999, pp. 712-774
Description
Looks at the legal and regulatory basis of forest management, and assess how new tenure systems might be developed that would uphold traditional values while providing economic and employment opportunities.
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.
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.
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.
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.
Explains that the Native Title Act 1993 now requires that all claims be lodged to the Federal Court of Australia before being referred to the National Native Title Tribunal.
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 and submissions to Indian Claims Commission (ICC) about whether a clerical error by the federal government resulted in 440 acres of mineral-rich land being taken without consent or compensation. No determination by ICC as parties agreed to negotiate a settlement under the Specific Claims Policy. Commissioners include: P. E. James Prentice, Daniel J. Bellegarde, and Carole T. Corcoran. [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 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.]
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.
Citizenship Studies, vol. 3, no. 1, February 1999, pp. 5-25
Description
Examines the reasons and legal aspects used by Canada to dispossess aboriginal people who have not ceded land through treaties, such as the Innu of Labrador-Quebec.
Article explores governments' failure to implement, in legislatures and court systems, the Commission's recommendations regarding Aboriginal and treaty rights to land and resources.
Historical background and submissions to Indian Claims Commission (ICC) regarding eight reserve surrenders, IR 151 and 151B-151H, under section 51, 1927 Indian Act. ICC determined Canada breached its fiduciary obligations regarding IR 151E and the claim be accepted for negotiation under the Specific Claims Policy. Commissioners include: Daniel J. Bellegarde, P.E. James Prentice, Carole T. Corcoran, 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.]
Duncan's First Nation Inquiry, 1928 Surrender Claim (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and submissions to Indian Claims Commission (ICC) regarding eight reserve surrenders, IR 151 and 151B-151H, under section 51, 1927 Indian Act. ICC determined Canada breached its fiduciary obligations regarding IR 151E and the claim be accepted for negotiation under the Specific Claims Policy. (French language version) Commissioners include: Daniel J. Bellegarde, P.E. James Prentice, Carole T. Corcoran, 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.]
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.]
Brief introduction to the two types of land claims. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Brief introduction to history of treaties in Canada. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Brief introduction to claims which arise when land is surrendered to the Government of Canada incorrectly. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Brief introduction to claims which arise from the government's failure to set aside land as promised in a Treaty. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Brief introduction to oral history and its relation to the courts. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]