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.
Examines Aboriginal issues pertinent to the development of oil and gas reserves within Alberta, such as unresolved First Nations Treaty and land claim issues and federal and provincial requirements for consultation on treaty and fiduciary obligations.
Discusses how the lack of recognition and respect of Aboriginal and treaty rights pose a barrier to maintaining healthy relationships between Anishinabek First Nations, government and police services.
Consists of an interview where he talks about his memories of Gabriel Dumont, the causes of the Riel Rebellion of 1885 and the present day treatment of Metis people.
The author, a member of the Faculty of Law, University of British Columbia, examines the Alaskan model of settlement claims and suggests that this model would be useful with Yukon and Northwest Territories claims, but not with southern Canadian claims, because of the dense population and existence of a reserve system. Item found within folder 'XXXII-39'.
Charles Ryder tells the story of the settlement of the Carry the Kettle (Assiniboine) Reserve. Also gives a detailed description of old agricultural practices. No date given, probably early 1970's.
Government and Opposition, vol. 40, no. 4, Autumn, 2005, pp. 597-614
Description
Looks at ways Indigenous communities can renew themselves and withstand further assaults on their identity from corporations, settler societies and states.
Concerns about man-made environmental damage with the undertaking of the James Bay Project is the focus of this booklet. Also mentioned is relocation of 7000 Cree persons and flooding of land.
Looks at the three main objectives of the Office of the Treaty Commissioner: recognize the past, resolve outstanding treaty issues and revive the treaty relationship through education.
Duration: 11:59.
Examines issues related to quality education for First Nations learners; factors which are associated with First Nations control and jurisdiction; overview of how First Nations are looking to build their governments; provisions for education in their treaties; and education provisions in modern day treaties.
Evidence given by Camoose Bottle, aged 71, including an account of the taking of Treaty #7 following a deterioration in Indian life after introduction of alcohol; allocation of lands to various tribes and later loss of part of the Blood Reserve.
Mrs. Vandale was born in Carlton in 1902. She shares what her father told her about the cause of the Riel Rebellion. She also talks about the Metis people in relation to the Depression, WWI, WWII, and the attitudes of police, teachers, government agencies, etc. towards the Metis people.
Library Collections, Acquisitions, and Technical Services, vol. 29, no. 1, March 2005, pp. 82-89
Description
Describes use of collection of post-Independence treaty texts made between the Indian Nations and United States federal government. Provides research examples.
"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.
Wide-ranging discussion among elders touching on many topics including kinship; illegitimate children; ceremonialism; therole of the elder; financing the elder who incurs some costs associated with the organization of a ceremony.
Examines the use of physical occupation and civil disobedience by Aboriginal peoples to accomplish their objectives relating to land, treaty, and other rights; and examines the impact of the Nu-Chah-Nulth First Nations’ blockade on forest practices in Clayoquot Sound, Vancouver Island, British Columbia.
Historical background and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. Commissioners include: Renée Dupuis and Alan C. Holman. [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 a 1963 dam built on-reserve and its effect on the First Nation's fishing rights, and obligations owed by Canada. ICC recommended the claim not be accepted for Specific Claims Policy due to compensation already received. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Cumberland House Cree Nation, IR 100A Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical backround and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. (French language version) Commissioners include: Renée Dupuis and Alan C. Holman.
[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.]
James Smith Cree Nation IR 100A Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background, submissions, and recommendations from Indian Claims Commission (ICC) hearing to determine if Canada breached its obligations in taking an invalid surrender and in its subsequent disposition of the land. ICC found that James Smith Cree Nation was not owed any lawful obligations, but recommended that Canada's obligations dealing with the disposition of IR100A be negotiated with Cumberland House Cree Nation. (French language version) Commissioners include: Renée Dupuis and Alan C.
James Smith Cree Nation Chakastaypasin IR 98 Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final Report regarding the James Smith Cree Nation's claim challenging the validity of the surrender and sale of the Chakastaypasin Band's Indian Reserve (IR) 98. (French language version) Commissioners include: Renée Dupuis and Alan C. Holman.
[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 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.]
Canadian Geographer, vol. 49, no. 4, Winter, 2005, pp. 352-366
Description
Analysis of the provincial Liberal administration's 2002 referendum seeking public decision-making on land claims. Article illustrates use of arguments based in economics used and by way of systemic bias disregarding historical context of issues.