States that the jurisdictions of the provinces and First Nations overlap in many areas and argues that provincial governments have not come to grips with this reality.
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.
Alberta Law Review, vol. 29, no. 2, 1991, pp. 498-517
Description
Assessment of the Sparrow case in light of the two competing theories of Aboriginal rights; contingent rights requiring state action for their existence and inherent rights rooted in Aboriginality.
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.
Atlantis, vol. 29, no. 2, [Indigenous Women: The State of Our Nations], 2005, pp. 1-21
Description
Discusses incorporating individual experiences and circumstances into discussions of collective self-determination and what strategies are needed to move forward.
Commentary on the history and developments in Saskatchewan First Nation affairs and of a media that seems to favour sensationalism over positive political legacies.
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.
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.]
Discusses the Constitution and Aboriginal rights, challenges in meeting the test for Aboriginal rights, the Aboriginal perspective of irrelevance of arguments based on jurisprudential and liberal arguments, and takes a brief look at possibilities for urban governments to address social issues.
Excerpt from Canada: The State of the Federation ; 2003.
Entire book on one pdf. To access chapter scroll to p. 93.
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.
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.