Law & Justice

Combating Human Trafficking in Indian Country: A Tribal Judge's Role

Alternate Title
Combatting Human Trafficking in Indian Country: A Tribal Judge's Role
Documents & Presentations
Author/Creator
William J. Brunson
Description
Includes background information on the issue, indicators that trafficking is occurring, actions that can be taken when suspected victims appear in court, and lists resources available to support victims.
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Commentary: A Possible Alternative to Research Funding from DIAND

Articles » Scholarly, peer reviewed
Author/Creator
D.N. Sprangue
The Canadian Journal of Native Studies, vol. 1, no. 1, 1981, pp. 141-149
Description
Describes the Canadian Department of Indian Affairs and Northern Development (DIAND) process for distributing its research funds. Advocates changes to be more relevant to Indigenous needs.
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Community Development & Research

Alternate Title
[Aboriginal Peoples Collection ; APC 13 CA (1996)]
E-Books
Author/Creator
Aboriginal Corrections Unit
Policy Branch
Solicitor General Canada
Description
Focus group discussed opportunities and barriers to community development and research. Provides examples of community-based development.
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A Comparative Study on Dams and Power-water Diversion Projects across Canada, with Emphasis in Northern Ontario Proposed Water Developments and the Indian People Who Will Be Directly Affected by Their Impacts

Documents & Presentations
Author/Creator
Harry Achneepineskum
Description
The author, a member of the Ogoki (Martin Falls) band in northern Ontario, expresses concern with the Canadian government's plan to dam rivers in Canada and divert the water to the United States. He notes that Aboriginal land will be flooded, according to government proposals.
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Compared When? Teaching Indian Law in the Standard Curriculum

Articles » Scholarly, peer reviewed
Author/Creator
James M. Grijalva
North Dakota Law Review, vol. 82, no. 3, The Pedagogy of American Indian Law, 2006, pp. 697-718
Description
Discusses the pros and cons of Indian law integration into law classes and student reaction to integration in property law course.
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A Compendium of Recommendations for Action on Missing and Murdered Indigenous Women and Girls in Canada: Justice-Related Recommendations from Government and Community Reports between 2003-2015

Documents & Presentations
Author/Creator
Manitoba Justice
Description
Focuses on reforms that could be make by provincial and/or federal government justice departments in the areas of policing, prosecutions, corrections, victim services, crime prevention, policy and legislation.
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Compendium of Research Undertaken in Nunavut 2002

Alternate Title
Nunavut Research Compendium, 2002
Documents & Presentations
Author/Creator
Nunavut Research Institute
Description
Lists title, location of research, principal investigator, etc. for over ninety projects. Divided by topic area: health related, physical science, social science and traditional knowledge
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Compensatory Justice

Articles » General
Author/Creator
Laurence M. Hauptman
National Forum, vol. 71, no. 2, Spring, 1991, pp. [31-33?]
Description
Looks at the Seneca Nation Settlement Act of 1990 that compensated for the failure of the United States federal government to carry out trust responsibilities and to protect interests.
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The Concept of Crown and Aboriginal Self-Government

Articles » Scholarly, peer reviewed
Author/Creator
Thomas Isaac
The Canadian Journal of Native Studies, vol. 14, no. 2, 1994, pp. 221-250
Description
Discusses how the concept of the Crown may be useful in efforts to achieve autonomy; with special reference to the Charlottetown Accord.
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A Concise History of Canada's First Nations

Book Reviews
Author/Creator
John W. Friesen
Canadian Historical Review, vol. 92, no. 2, June 2011, pp. 355-357
Description
Book review of: A Concise History of Canada's First Nations by Olive Patricia Dickason, with William Newbigging.
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Conference Report: The Path to the Good Life: Aboriginal Women's Conference

Alternate Title
The Path to the Good Life: Conference Report
Documents & Presentations
Description
Goals of the conference were to share stories, discuss what is being done and what can be done in Aboriginal communities and discuss plans and priorities for lasting change with each other and government leaders. Conference held March 13-15, 2006.
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Confronting Power: Aboriginal Women and Justice Reform

Articles » Scholarly, peer reviewed
Author/Creator
Patricia A. Monture
Canadian Woman Studies, vol. 25, no. 3/4, Canadian Feminism in Action, Summer, 2006, pp. 25--33
Description
States that power, control and isolation are key components in maintaining "good order" and are also key components of colonialism.
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Conquest by Law

Alternate Title
Aboriginal Peoples Collection ; APC 8CA (1994)
E-Books
Author/Creator
Christie Jefferson
Aboriginal Peoples Collection
Description
Originally published 1979.
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Considerations for Achieving "Aboriginal Justice" in Canada

Alternate Title
Annual Meetings of the Western Association of Sociology and Anthropology, Vancouver, B.C., 1993.
Documents & Presentations
Author/Creator
Ted Palys
Description
General discussion of differences in interpretation between the Euro-Canadian and Aboriginal concept of "justice". The article argues that although the federal government is seeking to implement programs based on the Aboriginal concept, they continue to operate within parameters imposed by the current system.
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Considering the Legal and Human Rights Framework for Addressing Mass Graves Connected to Indian Residential Schools

Alternate Title
International Human Rights and Legal Considerations in Relation to Terminology and the Discovery of Undocumented Burials at the Kamloops Indian Residential School: Discussion on terminology
Documents & Presentations
Author/Creator
Indian Residential School History and Dialogue Centre
Description
Outlines policy and legal issues that governments must address, in consultation and cooperation with Indigenous peoples, in order to develop a suitable framework and discusses international approaches that exist when dealing with similar circumstances. Appendix discusses terminology.
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Considering Young Aboriginal Women, Family and Legal Issues

Alternate Title
FLEW: Family Law Education for Women Series
Media » Film and Video
Author/Creator
Tamar Witelson
Emily Hill
Description
Webinar includes topics such as: young aboriginal women in the family law system, laws affecting Aboriginal families and family property, and more. Duration: 1:12:10.
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[Consolidated Sinclair Inquest Transcripts]

Alternate Title
[Transcripts: Inquest into the Death of Brian Sinclair]
Documents & Presentations
Author/Creator
[D. Frayer
Christa Big Canoe
Timothy J. Preston
Murray Trachtenberg
Vilko Zbogar ... et al.]
Description
Brian Sinclair was a 45-year-old Aboriginal man who died after sitting for 34 hours waiting for medical attention at Winnipeg's Health Sciences Centre's emergency department.
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Constitutional Work in Progress: Reconciliation & Renewal in Indigenous Australia and the World: A Background Paper on Indigenous Constitutional Reform Prepared for Indigenous Practitioners Per Indigenous Law Centre, University of New South Wales, Sydney

Documents & Presentations
Author/Creator
Peter Jull
Description
"The purpose of this paper is to illustrate a range of options for constitutional reform in order to promote discussion and exploration of specific possibilities for Australia".
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Context and Background to Settlement Agreement

Alternate Title
Assessing the Indian Residential Schools Litigation and Settlement Processes, Session 1
Media » Film and Video
Author/Creator
Cat Criger
Mayo Moran
Phil Fontaine
Description
Session One from public conference Assessing the Indian Residential Schools Litigation and Settlement Processes held Friday, January 18, 2013 at the University of Toronto. Includes prayer and opening remarks and discussion on settlement negotiations. Duration: 1:54:14.
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The Context of the State of Nature

Alternate Title
Reclaiming Indigenous Voice and Vision
E-Books » Chapters
Author/Creator
James (Sákéj) Youngblood Henderson
Description
Looks at Thomas Hobbes' theory of the "state of nature" and how it has shaped Europeans' treatment of Indigenous peoples. Chapter 1 from: Reclaiming Indigenous Voice and Vision edited by Marie Battiste.
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Contextualizing the Losses of Allotment Thought Literature

Articles » Scholarly, peer reviewed
Author/Creator
Kristen A. Carpenter
North Dakota Law Review, vol. 82, no. 3, The Pedagogy of American Indian Law, 2006, pp. 605-627
Description
Discusses two novels by Louise Erdrich, Lone Wolf and Tracks and Four Souls to show losses in socio-economic, familial, spiritual and tribal life.
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Cooperative Research Governance: A Novel Approach in Nunavut

Alternate Title
ReSDA (Resources and Sustainable Development in the Arctic) Annual Conference ; 3rd, 2013
Media » Film and Video
Author/Creator
Linnea Ingebridtson
Description
Representative from Inter-agency Human Health Review Board speaks on research practices and accountability when approaching human health research, licenses for projects and research partnerships. Duration: 12:00.
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The Corporation and the Tribe

Articles » Scholarly, peer reviewed
Author/Creator
Joanne Barker
The American Indian Quarterly, vol. 39, no. 3, Summer, 2015, pp. 243-270
Description
Article investigates how the forces of United States government and corporate interests worked together to entrench imperialist social relations and conditions. Refers to both the Occupy Wall Street movement and the Occupy Oakland movement.
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Correspondence and Circulars - Memorandum re: Leasing Procedure

Documents & Presentations
Description
A memorandum from E.S. Jones, Regional Supervisor of Indian Agencies, Saskatchewan, to all Indian Agency Superintendents and Assistants relating to land leasing procedures for Aboriginals on reserves in Saskatchewan.

Historical note:

Harold Nelson Woodsworth served as an Indian Agent at a number of agencies in Saskatchewan.
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Creating a Tribal Law Practice Clinic in Kansas: Carving the Peg to Fit the Hole

Articles » Scholarly, peer reviewed
Author/Creator
Aliza G. Organick
North Dakota Law Review, vol. 82, no. 3, The Pedagogy of American Indian Law, 2006, pp. 849-862
Description
Looks at creating a tribal court emphasis within an existing clinic curriculum to cover basic principles of federal Indian law and the clinical skills needed to practice in a court setting. Scroll down to page 849 to read article.
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Creating Access to Justice in Nunavut

Articles » General
Author/Creator
Mary Stratton
LawNow, vol. 42, no. 3, September/October 2009, p. [?]
Description
Looks at achieving a vision of justice within the principles of Inuit Qaujimajatuqangit (IQ - Inuit knowledge).
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Creating Space for Indigenous Storytelling in Courts

Articles » Scholarly, peer reviewed
Author/Creator
Kirsten Manley-Casimir
Canadian Journal of Law and Society/Revue Canadienne Droit et Societe, vol. 27, no. 2, 2012, pp. 231-247
Description
Advocates for the use of intercultural dispute-resolution principles to be used in courts in order to facilitate a better relationship between Indigenous and non-Indigenous people.
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Cree Mother Loses Organ Harvest Fight

Alternate Title
Cree Mother Loses Organ Harvest Fight [Kelly Hastings case]
Articles » General
Author/Creator
Paul Barnsley
Windspeaker, vol. 18, no. 1, May 2000, p. 1
Description

Relates how a non-Aboriginal parent's right to harvest organs and cremate an adoptive son superseded a Cree biological mother's right to bury her adult son according to First Nation spiritual and cultural beliefs.

Entire issue on one pdf. To access article scroll to p.1.

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Criminal Jurisdiction in Indian Country: The Solution of Cross Deputization

Alternate Title
Indigenous Law & Policy Center Occasional Paper Series
Indigenous Law & Policy Center Working Paper ; 2008-01
Documents & Presentations
Author/Creator
Hannah Bobee
Allison Boisvenu
Anderson Duff
Kathryn E. Fort
Wenona T. Singel
Indigenous Law & Policy Center Working Paper
Description
Analyzes the issues of cross deputization by covering federal Indian law, state criminal jurisdiction, law enforcement structure, use of cross-deputization, cooperative agreements, and solutions for streamlined law enforcement.
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