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.
Abstract: The territorial aspirations and achievements of Aboriginal minorities in the common-law jurisdictions of North America, Australia and New Zealand can be divided according to three varieties of political-legal situations; those in areas of initiation, enhancement and omission. In the first of these, to which attention is here confined, there has been no legally defined and protected land-base, and Aboriginal land claims are or have been the subject of recent litigation, negotiation and settlement.
A discussion of Land rights under Treaty #7; trade of furs for goods; and the dispersal of the Blackfoot people and eventual return to the Blackfoot Reserve under Crowfoot.
American Indian Quarterly, vol. 21, no. 2, Spring, 1997, pp. 265-298
Description
Literary criticism article which explores the way that Indigenous bodies appear and are used to articulate the struggles between Indigenous and Euro-American cultures in the novels Winter in the Blood and Bearhear.
"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.
The Canadian Journal of Native Studies, vol. 6, no. 2, 1986, pp. 333-349
Description
Indian reservations were surveyed regarding their consumption of wildlife. Calls for increased joint management efforts between provincial and Indian governments to identify all forces affecting wildlife populations and to create equitable conservation programs.
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. 10, no. 1, The History of American Indian Leadership, Winter, 1986, pp. 65-82
Description
Challenges the stereotype of static Indigenous political organization with an investigation of the historical adaptability of Indigenous leadership on the Great Plains.