Book reviews of two books: Aboriginal and Treaty Rights in Canada edited by Michael Asch.
Treaty Talks in British Columbia by Christopher McKee.
Scroll down to page 102 to read review.
Overview of cases considered, and an explanation of the importance of R. v. Van der Peet which lays down the test for determining the existence of an Aboriginal right.
"Co-Existence of Indigenous and Non-Indigenous Land Rights: Australia and Canada Compared in Light of the Wik Decision "
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Indigenous Law Bulletin, vol. 4, no. 5, 1997, pp. 4-9
Description
Looks at the way courts in Australia and Canada deal with indigenous rights and concludes that Canadian courts do more to preserve rights in the face of Crown grants.
Rural Poverty and Environment Working Paper Series
Working Paper (International Development Research Centre) ; 1
Documents & Presentations
Author/Creator
Gerett Rusnak
Description
Discusses organizational structure, mandated functions and goals, representation and participation of stakeholders, use of information and analysis and the approach to decision making of these co-management experiences.
American Indian Quarterly, vol. 21, no. 2, Spring, 1997, pp. 229-249
Description
Authors explore the principles of cultural landscapes, traditional cultural properties, and consider different social and political factors that contribute to the effectiveness of these concepts in protecting Indigenous artifacts and significant places.
Looks at reforms to the 1992 Canada National Forest Strategy proposed by Aboriginal Forest Strategy in the areas of legislation, policies and management practices.
Discusses a framework for capacity building including principles and recommendations relating to human resource development, data management, accountability, and institutional development.
Inquiry Into the 1907 Surrender Claim of the Fishing Lake First Nation (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and issues involved in Indian Claims Commission (ICC) hearing to determine the validity of the 1907 surrender. (French language version)
Commissioners include: P.E. James Prentice 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.]
Inquiry Into the 1907 Reserve Land Surrender Claim of the Kahkewistahaw First Nation (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine if surrender was valid, complied with the provisions of the Indian Act and whether Canada's fiduciary obligations were met. ICC found that although the surrender was valid and unconditional, Canada had breached its pre-surrender fiduciary obligations in allowing it to take place. (French language version) Commissioners include: P.E. James Prentice and Roger J.
Inquiry Into the 1927 Surrender Claim of the Chippewas of Kettle and Stoney Point First Nation (French version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and submissions to Indian Claims Commission (ICC) regarding whether the surrender was valid; whether Canada breached its fiduciary obligations. ICC found the surrender valid; that Canada breached its fiduciary duties; and the claim be negotiated under the Specific Claims Policy. (French language version)
Commissioners include: Roger J. Austine and Daniel J. Bellegarde.
[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 Quarterly, vol. 21, no. 4, Cultural Property in American Indian Literatures: Representation and Interpretation, Autumn, 1997, pp. 567-577
Description
Author highlights the ways that the United States’ Legal System has been used by the colonial state government to remove the land and rights of Indigenous peoples.
American Indian Law Review, vol. 22, no. 1, 1997/1998, pp. 37-64
Description
Discusses Supreme Court decisions in the cases R. v. Vanderpeet, R. v. Gladstone, R. v. N.T.C Smokehouse, R. v. Pamajewon as they pertain to defining Aboriginal rights.
Sources include Record Group 10 records relating to Indian Affairs (1872-1950), Sir John A. Macdonald Papers, Alexander Mackenzie Papers, David Laird Papers, Alexander Morris Papers, Edgar Dewdney Papers, and L. Vankoughnet Letterbooks.
Constitutional Forum, vol. 8, no. 2, 1997, pp. 33-39
Description
Examines six court cases that deal with section 35(1) of the Constitution Act, 1982 and the profound impact that these decisions will have in future judicial decisions and claims.
Commission on Human Rights: Sub-Commission on Prevention of Discrimination and Protection of Minorities; Fifty-first Session: Item 7 of the Provisional Agenda
Documents & Presentations
Author/Creator
Miguel Alfonso Martínez
[United Nations Economic and Social Council]
Description
Examination of the various aspects surrounding treaties or agreements between Indigenous peoples and the nation states.
Attempts to identify actual uses of intellectual property rights by looking at case studies in relation to intellectual property, access to genetic resources and related issues.
Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine if surrender was valid, complied with the provisions of the Indian Act and whether Canada's fiduciary obligations were met. ICC found that although the surrender was valid and unconditional, Canada had breached its pre-surrender fiduciary obligations in allowing it to take place. Commissioners include: P.E. James Prentice and Roger J. Augustine.
Historical background and issues involved in Indian Claims Commission (ICC) hearing to determine the validity of the 1907 surrender. Commissioners include: P.E. James Prentice 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.]
Historical background and submissions to Indian Claims Commission (ICC) regarding whether the surrender was valid; whether Canada breached its fiduciary obligations. ICC found the surrender valid; that Canada breached its fiduciary duties; and the claim be negotiated under the Specific Claims Policy.
Commissioners include: Roger J. Austine and Daniel J. Bellegarde. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
American Indian Culture and Research Journal, vol. 21, no. 1, 1997, pp. 131-154
Description
Discusses the impact of various legislation including the Jay Treaty of 1794, which assured border crossing rights, the 1891 Immigration Act deeming them neither USA nor Canadian citizens, and the Alien Registration Act of 1940 that classified First Nations as aliens.
John Emms was an Indian agent for the federal government. He talks about work in the Kamsack area as a community development officer. He also disusses attitudes within the Indian Affairs department and the CCF/NDP governments' plans for the Indian and Metis peoples of Saskatchewan.
Aboriginal and Islander Health Worker Journal, vol. 21, no. 3, May/June 1997, p. 2
Description
Letter informs the readers that the Australian Human Rights and Equal Opportunity Commission has made arrangements to assist people who contributed to the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their families.
American Indian Culture and Research Journal, vol. 2, no. 2, 1978, pp. 14-25
Description
Uses the cases Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832) to demonstrate how political issues, such state's rights, influenced judicial decisions.