Aboriginal Law Bulletin, vol. 2, no. 52, October 1991, p. 56
Description
Examines the three forms of land tenure in Western Australia, 99 year leases, small plots of land on pastoral leases, and 50 or 25 year special purpose leases, with no provision for Aboriginal or Native title.
Anthropological Perspectives on Rights, Tests, Infringement and Justification
Articles » Scholarly, peer reviewed
Author/Creator
Brian Thom
Native Studies Review, vol. 14, no. 2, 2001, pp. 1-42
Description
Reviews the 1997 Delgamuukw decision by the Supreme Court of Canada critical to determining the nature and extent of Aboriginal rights and title; and provides insight into the anthropological and legal approaches to title and rights.
Osgoode Hall Law Journal, vol. 29, Fall, 1991, pp. 457-482
Description
Examines Section 31 of the Manitoba Act, 1870 and the provisions for a land settlement scheme for the benefit of Métis people and the extinguishment of Aboriginal, or as it was then, Indian title.
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.
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.
Native Studies Review, vol. 16, no. 2, 2005, pp. 125-149
Description
Book review of: Making Native Space: Colonialism, Resistance, and Reserves in British Columbia by Cole Harris. Comments by Cole about the review also included.
[Microbehavior and Macroresults:Proceedings of the Tenth Biennial Conference of the International Institute ofFisheries Economics and Trace
Documents & Presentations
Author/Creator
David C. Natcher
Description
Discusses a self-improving management system which is facilitating an assessment of forest management as it relates directly to Little Red River/Tall Cree culture and their continued land use needs.
Indigenous Affairs, no. 2, Militarization, 2001, pp. 60-65
Description
Delivers a background on the Zapatista uprising in Mexico and the political initiatives introduced to solve the situation.
To access this article scroll down to page 60.
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.]
Wicazo Sa Review, vol. 7, no. 2, Autumn, 1991, pp. 58-77
Description
Delves into the protest by Elijah Harper to block the progress of the Meech Lake accord in the Manitoba legislature and the protest by the Mohawk Warrior Society at Oka, Quebec to stop development of a golf course.
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.
Wicazo Sa Review, vol. 20, no. 1, Spring, 2005, pp. 49-69
Description
Discusses concerns by Native American communities of the impacts of science, research and information on nation building and the protection of their rights and culture.
National Forum, vol. 71, no. 2, Spring, 1991, pp. [31-33?]
Description
Looks at the Seneca Nation Settlement Act of 1990 that compensated for the failure of the United States federal government to carry out trust responsibilities and to protect interests.
BC Studies, no. 89, In Celebration of Our Survival: The First Nations of British Columbia, Spring, 1991
Description
Cites examples of both federal and provincial legislation which aimed at eradicating First Nations through restricting or impairing their ability to act.
The Journal of Aboriginal Economic Development, vol. 2, no. 1, Winter, 2001, pp. 61-74
Description
Conducts an overview of the different definitions of the term "Métis", plus a review of events leading up to the enactment of the Métis Legislation in the province.
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.
American Indian Culture and Research Journal, vol. 15, no. 1, 1991, pp. 1-28
Description
Chronicles the efforts of the Menominee Tribe to resist the efforts of the so-called Pine Ring in order to obtain control of their large stand of virgin timber.
Examines the use of physical occupation and civil disobedience by Aboriginal peoples to accomplish their objectives relating to land, treaty, and other rights; and examines the impact of the Nu-Chah-Nulth First Nations’ blockade on forest practices in Clayoquot Sound, Vancouver Island, British Columbia.
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.
Aboriginal Law Bulletin, vol. 2, no. 52, October 1991, p. 26
Description
Reports on the longest Aboriginal land claim trial in Canadian history. The court found that the difficulty faced by First Nations was not due to the unlawful dispossession of lands.