American Indian Culture and Research Journal, vol. 27, no. 1, 2003, pp. 33-60
Description
Tells part of the story of the landmark Supreme Court case United States, as Guardian of the Hualapai Indians of Arizona v. Santa Fe Pacific Railroad Co. (1941) and looks closely at a brief period in Mahone’s life, one in which he went from student to soldier to activist.
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.
Agricultural History, vol. 77, no. 2, Spring, 2003, pp. 333-354
Description
Outlines Aboriginal peoples' struggle in the Maritimes for equal rights and their reliance on the land for economic, social, political and cultural survival.
Presentation made by the Grand Chief of the Sto:lo Nation pointing out the lack of a non-derogation clause and other concerns.
Reproduction is a copy of an official work that is published by the Government of Canada and it is reproduced in affiliation with, or with the endorsement of the Government of Canada.
Compares how two well-known Aboriginal works challenge limiting definitions of Aboriginal peoples and shows how the legal system manipulates these definitions to take away land or rights.
Excerpt from Disability Studies & Indigenous Studies.
Entire book on one pdf. To access paper, scroll to p. 49.
Historical background and submissions to Indian Claims Commission (ICC) on whether a 1909 surrender vote was improperly conducted and therefore invalid. ICC concluded a valid surrender occurred; but recommended consideration be given to existence of burial grounds.
Commissioners include: Roger J. Austine, Daniel J. Bellegarde, and Sheila G. Purdy. [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 of claim presented to the Indian Claims Commission (ICC) concerning the validity of the surrender of the reserve to the Crown. No inquiry was conducted as the claim was accepted for negotiation under the Specific Claims Policy.
Commissioners include: Roger J. Augstine, Daniel J. Bellegarde, and Renée Dupuis. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Discusses how Crown and Indigenous governments can engage with each other on the basis of a nation-to-nation relationship to develop regimes for management of resources which ensure mutually beneficial outcomes.
Article describes the ways that colonial governments identified and signaled out “criminal tribes” in India, how the identity, language and culture of these tribes was stigmatized and consequently diminished. Describes present-day efforts to protect and revitalize these languages and cultures and provides commentary on the effectiveness of these efforts.
Indigenous Cultures and Mental Health Counselling: Four Directions for Integration with Counselling Psychology
Documents & Presentations
Author/Creator
Terry Mitchell
Description
Looks at the effects of personal and collective trauma through a political lens.
Scroll down to read paper.
Chapter from Indigenous Cultures and Mental Health Counselling edited by Suzanne L. Stewart, Roy Moodley, and Ashely Hyatt.
Scroll down to read paper.
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 142-163
Description
Based on analysis of transcripts of Hirsekorn case in which judges had to render a decision on the Métis identity of the accused and his membership in a rights-holding Métis community.
Text of lecture given by the Canada Research Chair in Native -Newcomer Relations. Examines the Native-newcomer relationship, including treaty negotiations from first contact forward.
Presents an assessment of directions, goals, and achievements in higher education for Aboriginal people in Taiwan, with comparisons to Indian higher education in Canada.
Article is from the book, "Culture and the State: Alternative Interventions."
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.
Supreme Court Law Review , vol. 21, 2nd, 2003, pp. 105-138
Description
Examines three court cases in 2002 that discuss provincial authority in relation to Aboriginal culture: Kitkatla Band v. British Columbia (Minister of Small Business, Tourism and Culture), Ross River Dena Council Band v. Canada and Wewaykum Indian Band v. Canada.
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.