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.
A background report prepared by officials from the Department of Indian Affairs and Northern Development and the Department of Justice. It describes the treaty principles and court decisions upon which previous land claims settlements were built, and the importance of "certainty" when defining the rights of Aboriginal people with respect to land and resources. The report argues that certainty is crucial for the future economic wellbeing of Aboriginal and non-Aboriginal Canadians.
Interview includes stories about a ghost priest and a non-existent camp. Also included is a story of how a lame boy's skill as a medicine man won him a chieftainship and a wife.
Interview includes a biographical account of Antoine Lonesinger's life that includes stories about farming, trapping, house construction and the making of charcoal and lime. He also tells of the murder of an Indian Agent at the hands of a Blackfoot named Owl Eyes.
Interview with Mr Lonesinger who tells stories of Indian agents both good and bad. He also tells of the Battle of the Cut Knife Hill and the banning of the Sundance.
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.
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Final, special report examines the legal review of the Athabasca Denesuline claim for formal recognition of treaty harvesting rights north of the 60th parallel. Commissioners were Daniel J. Bellegarde and P.E. James Prentice.
[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.]
Interview relates to understanding of Treaty #8 promises; the establishment of Wabasca Reserves; and the loss of treaty status by many people in the area.
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.
Interviewee recounts stories told to him by his father about the signing of Treaty #8;denial of Indian requests for reserve; and traditional lifestyle.
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.
Argues that Treaty-making has conformed to a uni-dimensional pattern of avoidance and inaction, but suggests recent Supreme Court of Canada cases will increase pressure on the Crown to live up to its promises.
Interview of Charlie Chief who discusses the a Grass Dance, Round Dance and Sioux Dance (including songs). Also included are songs. The discusses the difference between old and new ways. Alphonse Littlepoplar is the intterpreter
"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.
Mr. Trindle, aged 78, has spent most of his adult life in the Trout Lake/Peerless Lake area and is a former chief--talks about promises of a reserve in the area; surveying of boundaries; duration of occupation of area; and traditional lifestyles.
Saskatchewan History, vol. 47, no. 1, Spring, 1995, pp. 27-35
Description
Describes the adhesion of the Montreal Lake Cree Nation to Treaty #6, and a number of the issues surrounding land, farming implements and instruction, and livestock that followed.
Entire Issue on one .pdf, scroll to page 27.
Saskatchewan History, vol. 47, no. 1, Spring, 1995, pp. 36-41
Description
These selections from the Duck Lake Indian Agency records illustrate a pattern of negative government attitudes and policies of fiscal austerity towards First Nations peoples and communities. Introduction and commentary by J.R. Miller.
Entire issue on one .pdf, scroll to page 36.
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.]
American Indian Quarterly, vol. 19, no. 3, Summer, 1995, pp. 319-339
Description
Author examines 13 treaties made between 1736 and 1762 and collected for publication by Benjamin Franklin; argues that the texts of the treaties demonstrate not only the influence of the Iroquois signatories, but also their worldview and spiritual practice, and function as a form of ritual or ceremony.
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.]
Discussion of the signing of Treaty 8 at Fort Chipewyan, and treaty promises; relationship between Crees and Chipewyans; and how the location of schools has forced people to settle in areas where they are unable to pursue traditional lifestyles.
An interview which discusses the negotiation of Treaty 8 at Fort Chipewyan, and promises made ; problems of insufficient land for trapping on Chipewyan Reserve ; and alcohol abuse among native people.