Justice as Healing, vol. 4, no. 2, Summer, 1999, p. [?]
Description
Excerpt from the decision of the Supreme Court of Canada regarding principles to be considered in determining sentencing.
Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
British Journal of Canadian Studies, vol. 30, no. 2, 2017, pp. [163]-182
Description
"This article addresses the challenges associated with present-day usage of residential school photographs, the ways in which these photographs can contribute to ongoing discussions about healing and reconciliation, and the use of archival photographs within the residential school survivor community".
American Indian Culture and Research Journal, vol. 41, no. 4, 2017, pp. 45-70
Description
Argues that tribal historic preservation methods provide insight for all cultural heritage managers. Uses the approach and findings of the Grand Ronde Land Tenure Project as an example of repurposing archival documents in the interests of the Indigenous peoples.
Criminal Law Quarterly, vol. 42, no. 1, 1999, pp. 129-160
Description
Looks at the impact and response to the Getting it Together conference. While there has been changes in regards to restorative justice initiatives, conditional sentences, and reduced imprisonment for fine defaults, the continued over-incarceration of Indigenous people remains a concern.
Ottawa Law Review, vol. 31, 1999-2000, pp. 267-281
Description
One of the few cases that directly addresses Metis rights analyzed in the context of the Constitutional terms and when the right to hunt may be exercised.
American Indian Quarterly, vol. 41, no. 1, Winter, 2017, pp. 67-92
Description
Looks at the experience of a community with a successful casino and increased political influence by analyzing political leaders' correspondence, newspaper articles, and two agreements with the state.
Estimates of the baseline (2016) and projected longer-term impacts on the population entitled to Indian registration associated with amendments that would remove the "1951 cut-off" and "second generation cut-off" provisions in the 2010 Indian Act. These estimates are a result of the Descheneaux decision and the proposed amendments contained in Bill S-3.
Bazley v. Curry, [1999] 2 Supreme Court Reports 534
Bazley v. Curry: File No.: 26013
Documents & Presentations
Author/Creator
Supreme Court of Canada
Description
Looks at a case that determined whether a non-profit children's foundation was liable for one of their employees who sexually abused children while in the residential care facility.
Brief discussion of context and implications of the United Nations Declaration on the Rights of Indigenous Peoples followed by results of literature review based on research findings and academic literature, primary sources, grey literature, and Indigenous legal orders and case studies of their applications.
Report looks at increased financial costs associated with amendments to Bill S-3, which could potentially raise the number of Status Indians by 670,000.
Bill introduced to comply with Superior Court of Quebec's decision in Descheneaux c. Canada which found current Act violated equality provisions of the Canadian Charter of Rights and Freedoms. Court case involved eligibility for Indian Status.ibc_bill_S-3.pdf
Legislative Summary (Parliamentary Information and Research Service) ; 42-1-23-E
Documents & Presentations
Author/Creator
Norah Kielland
Marlisa Tiedemann
Description
Bill introduced to comply with Superior Court of Quebec's decision in Descheneaux c. Canada which found current Act violated equality provisions of the Canadian Charter of Rights and Freedoms.
Amendments were to address the cousin, siblings and omitted minors issues. Outlines the issue, the effect, the situation of the comparator group, and proposed remedy. Includes graphics to illustrate each scenario.
Addresses remedies for issues identified in Descheneaux.
Canadian Journal of Native Studies, vol. 37, no. 1, 2017, pp. 117-135
Description
Argues that the Government of Canada has not learned from previous mistakes and its failure to change its behaviour has led to the ongoing trauma inflicted by residential schools and the high number of missing and murdered women.
Adapted for the Alberta context from the KAIROS Blanket Exercise, an interactive learning experience focusing on the historical and contemporary relationship between Indigenous and non-Indigenous peoples of Canada. Themes explored are: assimilation, discrimination, Indigenous rights and reconciliation.
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.]
Journal of Canadian Studies, vol. 51, no. 2, 2017, pp. 289-310
Description
Discusses failure of new protocols put in place to ensure safe drinking water on reserves and contrasts the response to the failure of water system in Walkerton, Ontario, which took place the same year.
Canadian Journal of Native Studies, vol. 19, no. 2, 1999, pp. 381-404
Description
Book reviews of:
Legends of our Times: Native Cowboy Life by Morgan Baillargeon and Leslie Tepper.
The World Turned Upside Down: Indian Voices from Early America by Conlin Callway (Editor).
Women in Trouble: Connecting Women's Law Violations to Their Histories of Abuse by Elizabeth Cormack.
Leonard Bloomfield's Fox Lexicon: Critical Edition by Ives Goddard (Editor).
White Man's Law: Native People in Nineteenth-Century Canadian Jurisprudence by Sidney L. Harring.
Native Studies Review, vol. 12, no. 2, Aboriginal Peoples and National Rights Issues in Quebec, 1999, pp. 149-150
Description
Review of: Never Without Consent: James Bay Cree's Stand Against Forcible Inclusion Into an Independent Quebec by the Grand Council of Crees (Eeyou Astchee).
Australian Human Rights and Equal Opportunity Commission (HREOC)
Australian Indigenous Law Reporter, vol. 4, no. 3, 1999, p. 67
Description
Follow up on the progress of Australian Governments’ responses to recommendations made by National Inquiry into the separation of Aboriginal and Torres Strait Islander children from their families in its Bringing Them Home Report (1997).
Discussion of the Nunavut Act which required that 80 per cent of the nursing positions in Nunavut be occupied by Inuit and the creation of BScN program.
Indigenous lawyers and law students from British Columbia recount their experiences with stereotyping, race-based assumptions, and discrimination within the legal profession and while practicing in the justice system.
Duration: 25:43.
Related material: Part 2.
Looks at the Supreme Court of Canada's decision that fishing rights of Aboriginals guaranteed in a 1760 British Treaty of Peace and Friendship must be honoured.
Canadian Historical Review, vol. 64, no. 4, 1983, pp. 519-548
Description
Argues that contrary to accepted wisdom, the Canadian government did not have honourable and just intentions, but violated treaties by refusing to grant the reserve lands that had been chosen and failing to supply the promised provisions. Instead Commissioner Dewdney used the courts, military and police to bring about political goals.
Reports on a UN committee's criticism of the Government of Canada for deferring responsibility for living conditions to the provinces and how this has contributed to poverty.
Australian & New Zealand Journal of Criminology, vol. 32, no. 2, August 1, 1999, pp. 197-208
Description
Argues cycle of violence and criminality has emerged from the colonial legacy of assimilationist policies and offers strategies for breaking the cycle.