Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 120-131
Description
Focuses on development of doctrine of Aboriginal rights by the courts since the 1982 amendment and defining who constitutes the "Métis people" in section 35.
American Indian Culture and Research Journal, vol. 41, no. 2, 2017, pp. 65-92
Description
Analysis of rhetoric used in news coverage of 1998 referendum on the Nisga'a Treaty and 2002 BC Treaty Referendum in the National Post, Globe and Mail, Vancouver Sun, The Province, Abbotsford Times, Chilliwack Times, and Kamloops Daily News.
Looks at traditional Maori systems of governance, effects of colonization, responses and political activism, and ramifications of The Treaty of Waitangi Act 1975.
Harry Daniels and the Daniels Case: A Son's Perspective on the Man, His Legacy and Vision for a United Métis Nation
Threading the Constitutional Needle with Sinew of Métisland and Métis
[What Brought It On - and Did We Get What We Wanted?]
Media » Film and Video
Author/Creator
Tony Belcourt
Elmer Ghostkeeper
Gabriel Daniels
Maria Campbell
Description
Speakers discuss struggles for Métis rights and recognition which led to Daniels case and the Supreme Court's ruling that Métis and non-Status individuals fall within the definition of "Indian" in section 91(24) of the Constitution Act,1867; Maria Campbell reminisces about leader Harry Daniels, who initiated the court action.
Duration: 1:59:52.
Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.
Presenter discusses how the decision aligns with or fails to meet some of the standards set out in international law and human rights instruments, the issue of Indigenous self-definition and membership, and implications in terms of right to traditional lands, territories and resources.
Duration: 49:23.
Presentation is part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 26-47
Description
Discusses case involving Métis and Non-Status Indians. Plaintiffs sought three declarations: that the two groups are "Indians" as defined by the Constitution Act, 1867; that the Crown owes a fiduciary duty to them; and they have the right to be consulted and negotiated with as to their rights, interests, and needs.
Aboriginal Rights Litigation, Negotiation, and Practice among the Metis of BC: Community Perspectives on Creating Legal Change
Articles » Scholarly, peer reviewed
Author/Creator
Kerry Sloan
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 48-86
Description
Case developed requirement that s. 35 rights be vested in "historic" communities (existed before European control) and there must be continuity with present-day communities. Author interviewed 23 people about problems with application of the decision in three cases: Howse, Nunn, and Willison.
Analyzes the rationale and various financing options for debt financing of infrastructure projects on First Nations.
Revision of paper prepared for Westbank Indian Band-Taxation Workshop on Public Financing for First Nations Governments January, 1993.
American Indian Culture and Research Journal, vol. 17, no. 2, 1993, pp. 43-73
Description
Analysis of the Choctaw, who live in the southeastern Oklahoma timber region, and how they survive in the face of land alienation and economic challenges to their traditional strategies, in order to maintain a livelihood.
Studies in American Indian Literatures, vol. 29, no. 4, Winter, 2017, pp. 58-75
Description
Explore Vizenor’s use of devices such as humour, code-switching, and subversion of the English language to undermine Eurocentric narratives and create agency for the characters in his writing.
Journal of Canadian Studies, vol. 51, no. 1, Destabilizing Canada / Le Canada déstabilisé, Winter, 2017, pp. 153-185
Description
General discussion of consultation and consent, and analysis of recent legal cases which illustrate how Indigenous peoples in Alberta have been excluded from decision-making involving the oil industry.
Arctic Anthropology, vol. 54, no. 2, 2017, pp. 71-82
Description
Article follows up on a small ethnographic survey conducted in 2011-2012; examines the ideas of cultural citizenship and social mobility as they are expressed by students from Greenland who are studying in Denmark.
Includes sections on historiography and colonialism in the context of Africa, South and East Asia, the Pacific, the Caribbean, the Middle East, Central Steppes, and North America.
American Indian Culture and Research Journal, vol. 17, no. 1, Special Issue on International Year of Indigenous Peoples: Discovery and Human Rights, 1993, pp. 55-78
Description
Focuses on the Tainui people's efforts to seek redress for the confiscation of their lands in the mid 1860s.
American Indian Culture and Research Journal, vol. 41, no. 4, 2017, pp. 115-122
Description
Uses the ideology of manifest destiny to connect the policies and political practices of Donald Trump, Andrew Jackson, and Adolf Hitler; focuses on the removal of one people or race to make living space for another.
NAIS: Journal of the Native American and Indigenous Studies Association, vol. 4, no. 1, Spring, 2017, pp. 1-29
Description
"This article explores the complex connections between alcohol and the construction of Indigenous status and space in two seemingly disparate colonial contexts, eastern North America and northern Fennoscandia".
American Indian Quarterly, vol. 17, no. 3, Summer, 1993, pp. 329-340
Description
Article discusses the different understandings of property and ownership that exist in United States law and in the treaties with Indigenous peoples; examines the different implications of property rights and how they are exercised with regards to mineral rights and hunting and fishing rights.
Journal of Canadian Studies, vol. 51, no. 1, Winter, 2017, pp. 244-247
Description
Reprinted from unsettling Canada: A national Wake-up Call; Chapter 17
Article advocates for a fundamental restructuring of Canadian policy, programs, and services that is built on the recognition of Indigenous title to land and territories and the Indigenous right to self-determination.
Journal of Indigenous Social Development, vol. 6, no. 1, 2017, pp. 63-81
Description
Discusses the experiences of members of the Hamilton-Halton Animal Liberation Team (HALT) while demonstrating in support of Haudenosaunee-negotiated hunting rights in Short Hills Provincial Park in Ontario which are being protested against by local property owners and animal rights activists.
Wicazo Sa Review, vol. 32, no. 2, Fall, 2017, pp. 115-122
Description
Essay situates the #NoDAPL movement to stop the Dakota Access Pipeline (DAPL), within the historical context and the longer histories of Oceti Sakowin resistance against the trespass of settlers, dams, and pipelines across the Mni Sose, the Missouri River, and into Sioux territory.
Reports results of document search and interviews with representatives from regional First nations data governance centres. Focus of environment scan and research included: state and history of initiatives, regional considerations around the government-First Nation relationship, and regional data sovereignty, Nation building and intergovernmental relationships.
Canadian Journal of Native Studies, vol. 37, no. 2, 2017, pp. 105-130
Description
Examines the reoccurring flooding in Kashechewan as a case study; finds that the repeated flooding and the corresponding damage to housing and community resources is a result of colonial practices, disregard for traditional knowledge, and forced relocations of First Nations people to flood zones.
Native Studies Review, vol. 9, no. 1, 1993-1994, pp. 126-132
Description
Essay discusses the content of six recently published books:
Indigenous Peoples: A Global Quest for Justice.
Indigenous Peoples and the Nation-State: Fourth World Politics in Canada, Australia, and Norway edited by Noel Dyck.
The GAIA Atlas of First Peoples: A Future for the Indigenous World by Julian Burger..[ et al.]
"Nations Within": Aboriginal-State Relations in Canada, the United States, and New Zealand by Augie Fleras and Jean Leonard Elliott.
Indigenous Peoples of the World: An Introduction to Their Past, Present and Future by Brian Goehring.
State
American Indian Quarterly, vol. 17, no. 2, Spring, 1993, pp. 209-225
Description
Article examines the meanings and significance of the Snoqualmie Falls to the Snoqualmie people; considers historic, political, and spiritual/traditional contexts. Examines a current conflict surrounding the falls which involves the Puget Sound Power and Light Company.
Briefly defines rights, explains rights of Status and Non-Status Indians and Métis people, and discusses conservation, public and safety rules, and where to get help if charged with a harvesting offence. Information specific to British Columbia.
Third edition.