Aboriginal Affairs and Northern Development Canada (AANDC)
Description
Discusses several strategies: improve the economic and social well-being of Aboriginal people, develop healthier, more self-sufficient communities, and participate in Canada’s political, social and economic development.
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.
Native Studies Review, vol. 13, no. 1, 2000, pp. 1-17
Description
Discusses how giving up Aboriginal title is a valid means of reconciling relationship with the Canadian State as well as consequences of achieving self-government and the driving factors in the negotiations.
The Supreme Court Law Review, vol. 71, no. 1, 2015, pp. [67]-89
Description
Looks at changes to inherent limit and extension resulting from the Tsilhqot'in Nation v. British Columbia case. Focuses on changes to provincial jurisdiction over Aboriginal titled lands and land use.
Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision
E-Books » Chapters
Author/Creator
Kent McNeil
Description
Chapter in book: Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision edited by Owen Lippert.
Focuses on definition of Aboriginal title according to the courts, as both a property and constitutional right.
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.
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.]
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.]
Final report examines historical background, analyses, and recommendation from Indian Claims Commission (ICC) hearings on the claim by the First Nation that the amount of acreage allotted was less than they were entitled to under the provisions of Treaty 8. Due to new Treaty Land Entitlement policy, the two parties agreed to negotiate a settlement and no determination was made by the ICC. Commissioners include : Daniel J. Bellegarde, P.E. James Prentice, and Carole T. Corcoran.
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.
[The Tsilhqot’in Decision and Canada’s First Nations Termination Policies, pt. 1]
Documents & Presentations
Author/Creator
Russell Diabo
Shiri Pasternak
Description
Brief discussion of Canada's Comprehensive Land Claims policy in response to the Supreme Court of Canada's landmark decision in the case Tsilhqot'in v. British Columbia.
Historical background, analysis and recommendations from Indian Claims Commission (ICC) hearings regarding claim that the First Nation was entitled to a reserve surveyed in the Cypress Hills. ICC concluded that no reserve had been created, but recommended that the Government of Canada acquire the site of the Cypress Hills Massacre and recognize its historical significance. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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.
The Supreme Court Law Review, vol. 71, no. 1, 2015, pp. [45]-66
Description
Explains characteristics of Aboriginal Title: collective right, pluralistic, jurisdictional dimension, inalienable, inherent limit, and flows from a special historical relationship between the Crown and Aboriginal people.
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.
Paper originally presented at the National Claims Research Workshop, October 7, 2002. Overview of law in Canada surrounding duty to consult and Walpole Island First Nation's experiences with accommodation of rights.
American Indian Culture and Research Journal, vol. 24, no. 1, 2000, pp. 189-198
Description
Argues that decisions of the Indian Claims Commission (ICC) and the courts have not extinguished every acre of original, traditional or recognized titled lands.
American Indian Culture and Research Journal, vol. 24, no. 1, 2000, pp. 129-162
Description
Retirement of the Indian Claims Commission (ICC), in 1978, did not ultimately resolve all tribal claims to Aboriginal lands as there are still many outstanding claim in the United States.
American Indian Culture and Research Journal, vol. 24, no. 1, 2000, pp. 173-182
Description
Looks at the long legal process that resulted in the Catawba Land Claim Settlement Act and the extinguishment of a claim for 144,00 acres of highly developed South Carolina land. The settlement also saw the Catawba receive federal and state benefits, restoration as a federal tribe and a $50 million payment.