Law & Justice

Should Trees Have Legal Standing in Indian Country?

Alternate Title
State of Indigenous America Series
Articles » Scholarly, peer reviewed
Author/Creator
Steve Pavlik
Wicazo Sa Review, vol. 30, no. 1, Spring, 2015, pp. 7-28
Description
Looks at Christopher D. Stone's work, Should Trees Have Standing? Toward Legal Rights for Natural Objects regarding the status and legal recognition of the natural world.
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Sir Ronald Wilson: A Matter of Conscience

Book Reviews
Author/Creator
Kevin Keeffe
Aboriginal History , vol. 33, 2009, pp. 302-305
Description
Book review of: Sir Ronald Wilson by Antonio Buti. Review located by scrolling to page 302.
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The Six Nations: A Neglected Aspect of Canadian Legal History

Articles » Scholarly, peer reviewed
Author/Creator
Donald J. Bourgeois
The Canadian Journal of Native Studies, vol. 6, no. 2, 1986, pp. 253-270
Description
Describes the relationship between the Six Nations Band and the federal government with particular emphasis on rights.
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Social Costs of Justice

Alternate Title
Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice
E-Books » Chapters
Author/Creator
Con Hnatiuk
pp. 145-149
Description
Article from 1993 Conference proceedings, discussing the financial and social costs that will continue, if changes are not made. Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.
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Solemn Commitments: Fiduciary Obligations, Treaty Relationships and the Foundational Principles of Crown-Native Relations in Canada

Theses
Author/Creator
Leonard Ian Rotman
Description
Doctor of Juridical Science Thesis (S.J.D.)--University of Toronto, 1998. Develops a framework "for resolution of aboriginal and treaty rights issues in Canadian aboriginal rights jurisprudence." Argues judicial analyses are premised on incorrect assumptions about the Treaty relationship.
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Some Aspects of the Legal Status of Canadian Indians. - Howard E. Staats. - Article. - April 1964.

Articles » General
Author/Creator
Howard E. Staats
Description
The author uses numerous examples of how the legal system works against aboriginals in Canada. Case subjects include practicing medicine without a license, hunting on unoccupied Crown lands in the Northwest Territories, and income tax and traffic laws on reserves. The author calls for examinations of the reserve system and the Indian Act.
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Some Issues in Sentencing of Aboriginal Offenders

Alternate Title
Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice
E-Books » Chapters
Author/Creator
Tim Quigley
Description
Article from 1993 Conference proceedings, discussing the disproportionate and increasing rate of incarceration of Indigenous peoples, contributing factors, disparities in sentencing, fines, bail etc., sentencing circles and the need for change. Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.
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Sovereign States and the Changing Definition of the Indian Reservation

Articles » Scholarly, peer reviewed
Author/Creator
Imre Sutton
Geographical Review, vol. 66, no. 3, July 1976, pp. 281-295
Description
Analysis of how reservations in USA were formerly held in trust by the Federal Government, however title has become progressively more complicated due to state and local jurisdiction.
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Sovereignty and the Aboriginal Nations of Rupert’s Land

Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Manitoba History, no. 37, Spring/Summer, 1999, pp. 2-[?]
Description
Discusses Indigenous rights in the context of the integral relationship between history and law; and British claims to sovereignty within Rupert's Land (Rupertsland).
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Speech By: Harold Cardinal To Meeting of the Indian-Eskimo Association of Canada and The Native Council of Canada on Tuesday, December 14, 1971 at First Unitarian Church, Toronto, Ontario.

Documents & Presentations
Author/Creator
Harold Cardinal
Description
This speech describes the struggle to have Aboriginal issues such as poverty and lack of education addressed by the Canadian Department of Indian Affairs. Cardinal also disputes the Department's charge that monies were misspent by the Native Council of Canada and presents a defense. Handwritten annotations in pencil by unknown author.

Historical note:

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The Spirit of Haida Gwaii: Last Spring, the Haida Launched a Supreme Court Case Claiming Title to the Queen Charlotte Islands. Then something Interesting Happened: The Local Loggers Took Their Side. Chris Tenove and Brooke McDonald Report on an Emerging

Articles » General
Author/Creator
Chris Tenove
Brooke McDonald
This Magazine, vol. 36, no. 4, January-February 2003, pp. 29-36
Description
Loggers join forces with the Haida, to work with them rather than the Provincial Government or logging companies.
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Status of Métis Children Within the Child Welfare System

Articles » Scholarly, peer reviewed
Author/Creator
Lawrence J. Barkwell
Lyle N. Longclaws
David N. Chartrand
The Canadian Journal of Native Studies, vol. 9, no. 1, 1989, pp. 33-53
Description
Investigates the deficiencies in service provided to Métis families in Manitoba by mainstream child and family service agencies and seeks to understand reasons for the disparity.
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The Stolen Generations and Litigation Revisited

Articles » Scholarly, peer reviewed
Author/Creator
Antonio Buti
Melbourne University Law Review, vol. 32, no. 2, 2008, pp. 382-421
Description
Comments on the decision from the case of Trevorrow v. South Australia [No. 5]
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'A Strange Revolution in the Manners of the Country': Aboriginal-Settler Intermarriage in Nineteenth-Century British Columbia

Alternate Title
Law and Society Series ;
Regulating Lives: Historical Essays on the State, Society, the Individual, and the Law
E-Books » Chapters
Author/Creator
Jay Nelson
Law and Society Series
Description
Considers several factors affecting intermarriage: geography, law, morality, race and sexuality. Chapter 1 from Regulating Lives: Historical Essays on the State, Society, the Individual, and the Law edited by John P. S. McLaren, Robert Menzies, Dorothy E. Chunn.
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Strategic Implications and Considerations for Treaty Rights to Sustenance

Alternate Title
Between Keewatin and Tsilhqot'in: Reflections From the Centre of Turtle Island
Media » Film and Video
Author/Creator
Michael Anderson
Description
Presentation by the director of the Natural Resources Secretariat, Manitoba Keewatinowi Okimakanak, which provides research, policy analysis and negotiation support. Duration: 37:42.
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Strengthening Âhkamêyimo among Indigenous Youth: The Social Determinants of Health, Justice, and Resilience in Canada's North

Articles » Scholarly, peer reviewed
Author/Creator
Osemis Isbister-Bear
Andrew R. Hatala
Erynne Sjoblom
Journal of Indigenous Wellbeing: Te Mauri - Pimatisiwin, vol. 2, no. 3, December 2017, pp. 76-89
Description
Literature review of academic articles published between 2000 and 2016 which deal with resilience from an Indigenous perspective.
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Strengthening Law and Justice Outcomes for Aboriginal and Torres Strait Islander Victims/Survivors of Family Violence and Sexual Assault and Women and Children: National Policy Issues - A Victorian Perspective

Alternate Title
Policy Paper Series (Aboriginal Family Violence Prevention and Legal Service Victoria)
Documents & Presentations
Author/Creator
Aboriginal Family Violence Prevention and Legal Service Victoria (FVPLS Victoria)
Description
Looks at key law and justice issues: funding services in rural areas; national women's legal program; and women's law and justice policy development and funding issues.
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Strengthening On-the-Ground Service Provision for Aboriginal and Torres Strait Islander Victims/Survivors of Family Violence and Sexual Assault in Victoria

Alternate Title
Policy Paper Series (Aboriginal Family Violence Prevention and Legal Service Victoria)
Documents & Presentations
Author/Creator
Aboriginal Family Violence Prevention and Legal Service Victoria (FVPLS Victoria)
Description
Reports on current legal and associated services offered in the state, government initiatives addressing family violence, and results from consultations about experiences with the legal system.
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Strengthening the Circle: Child Support For Native American Children

Documents & Presentations
Author/Creator
Federal Office of Child Support Enforcement
Administration for Children and Families
Department of Health and Human Services
Description
Resource and technical assistance document to provide a setting within which all parties and agencies serving Indian children can discuss the new child support enforcement authorities in the technical amendments to the Welfare Reform Act.
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Sui Generis and Treaty Citizenship

Articles » General
Author/Creator
James (Sa´ke´j) Youngblood Henderson
Citizenship Studies, vol. 6, no. 4, December 1, 2002, pp. 415-441
Description
Provides an Aboriginal perspective on citizenship in the context of Treaty in Canada.
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Summary Description / Task Force on Delivery of Legal Services to Native People of B.C. - [1970s?].

Documents & Presentations
Author/Creator
Task Force on Delivery of Legal Services to Native People of B.C.
Description
The organization, Task Force on Delivery of Legal Services to Native People of B.C., seeks to help Aboriginals deal with the legal system and makes several recommendations, including increasing the number of lawyers, court workers and RCMP members of Aboriginal descent, and to provide pre-paid legal services to Aboriginals.
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