Law & Justice

Displaying 1551 - 1600 of 1697

Toward the Reconciliation of Interests and Ambitions: Participating Treaty No. 6 First Nations Position Paper Regarding the Duty to Consult and Accommodate and Sharing Wealth and Benefits of Resources

Documents & Presentations
Author/Creator
Treaty No. 6 Chiefs
Discusses position regarding lands taken up for settlement by the Crown, the Natural Resources Transfer Agreement, reconciliation, infringements, traditional territories, legal principles and compensation.
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[Traditional Aboriginal Customary Adoption]

Alternate Title
At the Edge of Canada: Indigenous Research
Media » Sound Recordings
Author/Creator
Ghislain Otis
Robert-Falcon Ouellette
Researcher describes the practice that has helped to protect the children of Indigenous communities. Duration: 29:32.
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Traditional Communities as "Subjects of Rights" and the Commoditization of Knowledge in Brazil

Articles » Scholarly, peer reviewed
Author/Creator
Noemi M. Porro
Joaquim Shiraishi Neto
Roberto Porro
International Indigenous Policy Journal, vol. 6, no. 2, The Future of Traditional Knowledge Research: Building Partnership and Capacity, 2015-05, pp. 1-20
Looks at the relationship between traditional communities, researchers, and entrepreneurs interested in their knowledge and the resulting legal and ethical issues.
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Traditional Knowledge and Social Science on Trial: Battles over Evidence in Indigenous Rights Litigation in Canada and Australia

Articles » Scholarly, peer reviewed
Author/Creator
Arthur J. Ray
International Indigenous Policy Journal, vol. 6, no. 2, The Future of Traditional Knowledge Research: Building Partnership and Capacity, May 2015, pp. 1-18
Comments on the importance of traditional knowledge and oral traditions history as lines of evidence in Aboriginal claims litigation and alternative forms of resolution.
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Training Tribal Lay Advocates at Sitting Bull College

Articles » General
Author/Creator
W. L. Shelley
Tribal College Journal of American Indian Higher Education, vol. 27, no. 2, American Indian Law, Winter, November 8, 2015, pp. [38-39, 7]
Brief description of the lay advocate /paralegal program and the problems it addresses in the administration of justice in tribal courts.
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Transforming Our Nuuyum: Contemporary Indigenous Leadership and Governance: Stories told by Glasttowk askq and Bakk jus moojillth, Ray and Mary Green

Articles » Scholarly, peer reviewed
Author/Creator
Jacquie Green (Kundoqk)
Indigenous Law Journal, vol. 12, no. 1, 2014, pp. 33-60
"examine whether our Nuuyum and its philosophical underpinnings can intertwine and have a productive relationship with contemporary forms of leadership and chief and council governance systems." Entire issue on one pdf. To locate article, scroll to page 33.
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Transparency and Accountability Spurned

Articles » General
Author/Creator
Paul Barnsley
Windspeaker, vol. 20, no. 6, October 2002, p. 6

Criticizes many aspects of Canada's freedom of information law, especially the way it blocks out critical information surrounding salaries and payment of government contracts.

Entire issue on one pdf. To access article scroll to p.4.

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Treaties and an Official Use of History

Book Reviews
Author/Creator
David T. McNab
Canadian Journal of Native Studies, vol. 13, no. 1, 1993, pp. 139-143
Book review of 2 books: The Treaties of Canada with the Indians of Manitoba and the North-West Territories, Including the Negotiations on which They Were Based by Alexander Morris. Canada: Indian Treaties and Surrenders From 1680 to 1890. The "Surrenders volume" is three parts; it includes the Crown's text of many pre-Confederation Treaties, while the "Morris reprint" contains the Crown's text of several Treaty texts and adhesions relating to western Canada, and some correspondence. All volumes are historical reprints.
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Treaties and Treaty Rights

Articles » General
Author/Creator
Delia Opekokew
Saskatchewan Indian, Special Edition, April/May 1984, pp. 14-15,18-20
Outlines the Treaty position followed during the Constitutional negotiations.
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Treaties with Aboriginal Minorities

Articles » Scholarly, peer reviewed
Author/Creator
Michael Craufurd-Lewis
Canadian Journal of Native Studies, vol. 15, no. 1, 1995, pp. 1-59
Treaty development in Australia, Canada, New Zealand and the United States where colonization reduced the Indigenous population.
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Treaty Indian Justice Systems Development Underway

Articles » General
Saskatchewan Indian, vol. 22, no. 1, January 1993, p. 4
FSIN, Dan Bellegarde's Office is handling developmental plans that will lead to a First Nations-controlled justice system in Saskatchewan that will include the courts and policing.
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The Treaty of Waitangi Companion: Māori and Pākehā from Tasman to Today

Alternate Title
Book review
The Treaty of Waitangi Companion: Maori and Pakeha from Tasman to Today
Book Reviews
Author/Creator
Carwyn Jones
AlterNative, vol. 7, no. 1, 2011, pp. 68-69
Book review of: The Treaty of Waitangi Companion: Māori and Pākehā from Tasman to Today edited by V. O'Malley, B. Stirling, W. Penetito.
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Treaty Referendum Questions Called 'Ridiculous'

Articles » General
Author/Creator
Matthew R. Stewart
Windspeaker, vol. 19, no. 9, January 2002, p. 11

Questions a referendum proposed by B. C. treaty negotiators, arguing that the rights of a minority (First Nations) were being placed in front of a majority (constituents) and that some questions asked address rights already affirmed in Canadian courts and the Constitution.

Entire issue on one pdf. To access article scroll to p.11.

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Tribal Consequences of Urban Indian Relocation: Case Examination of the Existing Indian Family Exception & Adoptive Placement Under the Indian Child Welfare Act

Alternate Title
Indigenous Law & Policy Center Occasional Paper Series
Indigenous Law & Policy Center Working Paper ; 2007-04
Documents & Presentations
Author/Creator
Novaline D. Wilson
Indigenous Law & Policy Center Working Paper
Looks at the major legal implications for today's relocated Native Americans as a result of Termination Era programs.
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Tribal Court Decisions January 2006-January 2007

Alternate Title
[Indigenous Law & Policy Center Occasional Paper Series]
[Indigenous Law & Policy Center Working Paper ; 2007-11?]
Documents & Presentations
Author/Creator
Jake Allen
Hannah Bobee
Kerri Campbell
Bryan Newland
Lists decisions by category.
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Tribal Crime Data Collection Activities, 2016

Alternate Title
Technical Report (U.S. Department of Justice) ; NCJ 249939
Tribal Crime Data Collection Activities Series
Documents & Presentations
Author/Creator
Steven W. Perry
Report summarizes census of State and local law enforcement agencies, census of state and local prosecutor offices serving Tribal lands, census of Tribal law enforcement agencies and national survey of Tribal court systems.
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Troubling History, Troubling Law: The Question of Indigenous Genocide in Canada

Alternate Title
Arts in Action ; no. 1
Understanding Atrocities: Remembering, Representing, and Teaching Genocide
E-Books » Chapters
Author/Creator
Adam Muller
Discusses the meaning of genocide and whether or not genocide occurred based on two underlying issues. Chapter 3 from Understanding Atrocities: Remembering, Representing, and Teaching Genocide edited by Scott W. Murray.
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Turning a Blind Eye? The Scope of the Charter Right to a Representative Jury

Documents & Presentations
Author/Creator
Amy Matychuk
Comments on the case R. v Newborn in which the accused argued that the jury selection in his case was "constitutionally flawed because it disproportionately excluded [A]boriginal citizens”. Justices of the Alberta Court of Appeal dismissed the argument. Looks at the right to a representative jury as defined by the Supreme Court in the case of R v Kokopenace, the application of the decision and the scope of the state's obligation under Charter s 11.
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Turpel Lafond Appointed to Bench

Articles » General
Saskatchewan Indian, vol. 28, no. 1, spring, 1998, p. 18

Mary Ellen Turpel Lafond appointed to Saskatchewan Provincial Court in 1998.

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Two Articles Commenting on the Federal Government's Proposed New Policy on Indian Affairs / Different Legal Status of U.S. and Canadian Indians / Cost of Land Settlements with the Indians of the United States - James A. Duran, Jr. Ph.D. - August 1969.

Documents & Presentations
Author/Creator
James A. Duran
The first article comments on the cost of land settlements with aboriginals in the United States, with the author's hope that the Canadian government will resolve these claims in the manner the United States government has, no matter the financial cost.
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Under the Sign of Sovereignty: Certainty, Ambivalence, and Law in Native North America and Indigenous Australia

Book Reviews
Author/Creator
Audra Simpson
Wicazo Sa Review, vol. 25, no. 2, Fall, 2010, pp. 107-124
Book reviews of: The Third Space of Sovereignty: The Postcolonial Politics of U.S.–Indigenous Relations by Kevin Bruyneel. American Indians and State Law: Sovereignty, Race, and Citizenship, 1790–1880 by Deborah A. Rosen. Sovereign Subjects: Indigenous Sovereignty Matters edited by Aileen Moreton-Robinson.
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Under the Sign of Sovereignty: Certainty, Ambivalence, and Law in Native North America and Indigenous Australia

Book Reviews
Author/Creator
Audra Simpson
Wicazo Sa Review, vol. 25, no. 2, Fall, 2010, pp. 107-124
Book reviews of: The Third Space of Sovereignty: The Postcolonial Politics of U.S.–Indigenous Relations by Kevin Bruyneel. American Indians and State Law: Sovereignty, Race, and Citizenship, 1790–1880 by Deborah A. Rosen. Sovereign Subjects: Indigenous Sovereignty Matters edited by Aileen Moreton-Robinson.
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Understanding Canadian Aboriginal Law

Alternate Title
Self-Government
What are Aboriginal Rights?
What are Métis Rights?
What is a Fiduciary Duty?
What is a Land Claim?
What is a Treaty?
What is the Duty to Consult?
Documents & Presentations
Author/Creator
Centre for Human Rights Research
University of Manitoba
Seven fact sheets on the following topics: treaties, land claims, Aboriginal rights, duty to consult, fiduciary duty, and self-government. Originally produced for the Truth and Reconciliation national event in Winnipeg.
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Understanding FPIC: From Assertion and Assumption on 'free, prior and informed consent' to a New Model for Indigenous Engagement on Resource Development

Alternate Title
Aboriginal Canada and the Natural Resource Economy Series ; 9
Documents & Presentations
Author/Creator
Ken S. Coates
Blaine Favel
Considers what implementation of United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) may mean in the context of current Canadian law and practice.
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Understanding Technical Language: A Literature Review

Documents & Presentations
Author/Creator
Patti LaBoucane-Benson
Fiona Hossack
Aim of the review was to answer two questions: Does the general public understand technical language? Is there evidence that minorities have less of an understanding?
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Understanding Tribal Sovereignty: Definitions, Conceptualizations, and Interpretations

Articles » Scholarly, peer reviewed
Author/Creator
Amanda J. Cobb
American Studies, vol. 46, no. 3-4, Indigeneity at the Crossroads of American Studies, Fall/Winter, 2005, pp. 115-132
Discusses tribal sovereignty and relevancy for Native Americans and presents theoretical interpretations from different Native scholars. Joint issue with: Indigenous Studies Today Issue 1, Spring 2006.
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Unequal Justice: the Metis in O'Donoghue's Raid of 1871

Articles » Scholarly, peer reviewed
Author/Creator
Ruth Swan
Edward A. Jerome
Manitoba History, vol. 39, Spring/Summer, June 1, 2000, pp. 24-38
Focuses on the raid by a combined force of Irish Americans and Pembina Métis led by W.B. O'Donoghue on a Hudson's Bay Company Post.
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