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.
Cultural Survival Quarterly, vol. 16, no. 3, Speaking For Ourselves, Fall, 1992
Description
Discusses the protest of Spain's 500 years celebration and the boarding of a Columbus expedition to demand an apology for mass cultural genocide. The article also discusses two projects - one for fishing and one to protect the environment.
[Document One]: Sections Pertaining to Aboriginal Peoples in the Consensus Report on the Constitution [Charlottetown Accord] August 28, 1992
Articles » Scholarly, peer reviewed
Author/Creator
James B. Waldram
Native Studies Review, vol. 8, no. 2, 1992, pp. 115-128
Description
Introduction and document on meetings with the federal, provincial and territorial governments as well as representatives of Aboriginal peoples, to recognize and identify First Nations’ powers of self-government and to reach consensus on a set of constitutional amendments.
Background Paper (Library of Parliament, Research Branch) ; BP-235E
Documents & Presentations
Author/Creator
Patricia Begin
Wendy Moss
Peter Niemczak
Description
Brief overview of the issues involved and the facts of the 1990 clash between Mohawks from Kanesatake and Kahnawake and the Sûreté du Québec and ultimately the Canadian Armed Forces.
Revised version. Originally published September 1990.
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.
Canadian Journal of Native Studies, vol. 17, no. 1, 1997, pp. 33-74
Description
Discusses the landmark Australian case, the Mabo decision in the historical context of race relations and reviews issues such as separation of powers doctrine, terra nullius, sovereignty, and Native title.
Compares testimonies of Drs. Sheila Robinson and Wayne Suttles in the Heiltsuk herring roe fisheries case attempting to show how scholarship can manipulate histories.
Alberta Law Review, vol. 36, no. 1, Symposium on Aboriginal Legal Issues, December 1997, pp. 180-217
Description
Argues that the definition of Aboriginal rights must be broadened to include all Aboriginal peoples and that the inherent, sui generis rights of the Metis should date not from pre-contact but from the imposition of colonial law and government.
The Canadian Journal of Native Studies, vol. 12, no. 2, 1992, pp. 251-268
Description
Intended to provide a structure to uphold the fundamental right to spiritual freedom for Indigenous inmates. Includes historical overview and implementation issues.
Covers historical bases for current issues, philosophies which form foundations of culture and development, and implementation of action plans for social change.
Herizons, vol. 6, no. 2, July 31, 1992, pp. 13-[?]
Description
Discusses charges of political interference brought by chiefs and band officials against the Aboriginal Women's Unity Coalition for speaking out on violence against women on reserves.