Rights

Columbus' Ghost: Past Infringements and the Duty to Consult

Documents & Presentations
Author/Creator
Bruce McIvor
Description
Looks at when to apply duty to consult to address encroachment on Aboriginal rights, title and Treaty rights. Comments on Louis v. British Columbia (Minister of Energy, Mines, and Petroleum Resources, 2013.
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Community Engagement and Board Consultation Policy (Draft)

Documents & Presentations
Author/Creator
Mackenzie Valley Land and Water Board
Gwich'in Land and Water Board
Sahtu Land and Water Board
Wek'Èezhìi Land and Water Board
Description
Comments on board responsibilities including regulating the use of land and water, and the deposit of waste, through the issuance and management of land use permits and water licences.
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Community Healing and Aboriginal Self-Government

Alternate Title
Aboriginal Self-Government in Canada: Current Trends and Issues
E-Books » Chapters
Author/Creator
Josée Lavoie
John D. O'Neil
Jeffrey Reading
Description
Examines implications of self-government in health for improving provision of services and providing a voice in political health systems. Chapter in book: Aboriginal Self-Government in Canada: Current Trends and Issues edited by J. H. Hylton.
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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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[Confederation of 1982 and Tony Belcourt]

Alternate Title
At the Edge of Canada: Indigenous Research
Media » Sound Recordings
Author/Creator
Tony Belcourt
Robert-Falcon Ouellette
Description
Interview with Tony Belcourt regarding negotiations of the Constitution Act of 1982. Duration: 31:12.
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Constitute!

Media » Film and Video
Author/Creator
Sharon McIvor
Description
Lawyer discusses her involvement in court cases which addressed the question of who is entitled to status as an Indian under the Indian Act. Duration: 1:08:34.
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The Constitution Act, 1982, Sections 25 and 35

Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Canadian Native Law Reporter, vol. 1, 1988, pp. 1-13
Description
Explains that the Constitution Act, 1982 does not diminish any of the the rights of Aboriginal peoples guaranteed by earlier Constitutional declarations or Agreements, but it provides additional guarantees.
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The Constitutional Battle

Articles » General
Author/Creator
Deanna Wuttunee
Saskatchewan Indian, vol. 11, no. 5, May 1981, pp. 4-5
Description
Debate at Chiefs Conference in Saskatoon over government's failure to accept their amendments to Indian Treaty and Aboriginal rights protection.
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The Constitutional Dimensions of Aboriginal Title

Articles » General
Author/Creator
Brian Slattery
The Supreme Court Law Review, vol. 71, no. 1, 2015, pp. [45]-66
Description
Explains characteristics of Aboriginal Title: collective right, pluralistic, jurisdictional dimension, inalienable, inherent limit, and flows from a special historical relationship between the Crown and Aboriginal people.
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Contemplating Kuleana: Reflections on the Rights and Responsibilities of Non-Indigenous Participants in Programmes for Indigenous Education

Articles » Scholarly, peer reviewed
Author/Creator
Julie Kaomea
AlterNative, vol. 5, no. 2, Ke Ala Hou: Breaking Trail in Hawaiian Research and Development, 2009, pp. 78-99
Description
Discusses the ethical, cultural & political dilemmas and struggles that non-Hawaiian students present when included as learners in Indigenous studies.
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Contestations of Resource Extraction Projects Via Digital Media in Two Nunavut Communities

Articles » Scholarly, peer reviewed
Author/Creator
Willow Scobie
Kathleen Rodgers
Études Inuit Studies, vol. 37, no. 2, Développement industriel et impacts miniers / Industrial Development and Mining Impacts, 2013, pp. 83-101
Description
Examines the use of digital media in Pond Inlet and Baker Lake to acquaint residents of issues regarding resource development proposals.
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Continuity of Aboriginal Rights

Alternate Title
Advancing Aboriginal Claims: Visions/Strategies/Directions
E-Books » Chapters
Author/Creator
Kent McNeil
Description
Chapter in book: Advancing Aboriginal Claims: Visions/Strategies/Directions edited by Kerry Wilkins.
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Country, Native Title and Ecology

Alternate Title
Aboriginal History Monograph ; 24
E-Books
Author/Creator
Jessica K. Weir
Luke Taylor
Patrick Sullivan
Hanson Boxer
Warford Bujiman ... [et al.]
Aboriginal History Monograph
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COVID-19 and Indigenous Peoples Rights: What Is the Impact of COVID-19 on Indigenous Peoples' Rights?

Documents & Presentations
Author/Creator
United Nations Human Rights
Office of the High Commissioner
Description
Focuses on health and access to healthcare, participation and consultation, access to information, livelihoods, territories, land and resources, and access to clean water and sanitation facilities. Under each topic lists promising practices and key actions for States and other stakeholders.
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A Critique of the Call to "Always Indigenize!"

Articles » Scholarly, peer reviewed
Author/Creator
Elina Hill
Peninsula, vol. 2, no. 1, In/Coherence, 2012, pp. 1-24
Description
Discusses decolonizing universities and looking at misinformation presented by past scholarship.
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Crosscurrents - No. 61, February 1980.

Articles » General
Description
The April 1995 issue of Crosscurrents, with articles on Leonard Peltier, Canadian-United States uranium land deals, and inmate treatment in Canadian prisons.

Historical note:

Crosscurrents is a journal based in Saskatoon, with offices at 134 Avenue F South.
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The Crown’s Constitutional Duty to Consult and Accommodate Aboriginal and Treaty Rights

Alternate Title
Research Paper (National Centre for First Nations Governance)
Research Paper for the National Centre for First Nations Governance
Documents & Presentations
Author/Creator
Maria Morellato
Description
Outlines guiding first principles by examining significant case law as well as discussing the inherent right to self-governance and steps toward reconciliation.
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The Crown's Duty to Consult and the Role of the Energy Regulator

Articles » General
Author/Creator
Keith B. Bergner
Energy Regulation Quarterly, vol. 2, Winter, 2014
Description
Provides an overview of historic treaties, modern treaties and non-treaty areas and how duty to consult applies to each group. Focuses on defining the role of the Energy Regulator in reference to the Crown's duty to consult.
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CRRF Facts About ... Leading Aboriginal Treaty Rights Cases

Alternate Title
Canadian Race Relations Foundation Facts ... Leading Aboriginal Treaty Rights Cases
Documents & Presentations
Author/Creator
Canadian Race Relations Foundation (CRRF)
Description

Discusses noted cases in Canada: The Queen v. Sikyea (1964) The Queen v. Taylor and Williams (1981) Simon v. The Queen (1987) The Queen v. Sioui (1990) The Queen v. Horseman (1990) Badger v. The Queen (1996) Marshall v. The Queen (1999).

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Culture as Property?: Some Saami Dilemmas

Alternate Title
Culture as Property?: Some Sami Dilemmas
Properties of Culture - Culture as Property: Pathways to Reform in Post-Soviet Siberia
E-Books » Chapters
Author/Creator
Trond Thuen
Description
Examines the issue of cultural heritage ownership and rights. Chapter from: Properties of Culture - Culture as Property: Pathways to Reform in Post-Soviet Siberia edited by Erich Kasten.
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