Fiduciary Obligations

Book review of: Parallel Paths: Fiduciary Doctrine and the Crown-Native Relationship in Canada by Leonard Ian Rotman.

Examines the genocidal mentality of the settler population and argues that if the current status quo remains we will continue down a deadly course.

Discusses topics of general laws, case laws, treaties, self-government, fiduciary obligations, and Aboriginal rights.

Report presented to the Standing Committee on Finance concerning pre-budget consultations on the housing crisis and lack of action by Canadian government.

Report to Standing Committee on Aboriginal Affairs and Northern Development about Canada's failure to address housing needs in Nunavik.

Session Six from public conference Assessing the Indian Residential Schools Litigation and Settlement Processes held Friday, January 18, 2013 at the University of Toronto. Implications of implementing transitional justice framework into a non-traditional setting. Duration: 1:11:02.

First Nations leaders contend that the federal government failed to provide funding, as promised, to poverty issues. The issues include contaminated water, black mold, and lack of funding for graduates to pursue post secondary education.

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

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of reports, maps, correspondence/letters, legal documents, submissions, oral transcripts, and the French and English versions of the Final Report. [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 implications for Canada, if Quebec were to leave Confederation and how Canada would still be required to fulfil its obligations to Aboriginal Peoples.

Legal Studies Thesis (M.A.)--Carleton University, 2007.

Prepared as part of research program of the Royal Commission on Aboriginal Peoples

Looks at application of common law applies to the Métis people and the special circumstances surrounding duty to consult cases due to history and constitutional recognition.

Reports on a UN committee's criticism of the Government of Canada for deferring responsibility for living conditions to the provinces and how this has contributed to poverty.

Discusses the Crown's duty to consult and accommodate aboriginal people in circumstances where there are conflicts with resource developers.

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Documents consist of documents, correspondence/letters, claim submissions, and the final report in regards to the inquiry, which examined the seizure of 4,500 square miles of land for the weapons range. Commissioners include: Harry S. LaForme, 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.]

Authority case for the Indian Claims Commission reguarding breach of fiduciary duty. Supreme Court Reports at page 534 to 591.

Historical background and submissions to Indian Claims Commission (ICC) on whether a 1909 surrender vote was improperly conducted and therefore invalid. ICC concluded a valid surrender occurred; but recommended consideration be given to existence of burial grounds. Commissioners include: Roger J. Austine, Daniel J. Bellegarde, and Sheila G. Purdy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Contains historical documents, memos, reports, correspondence/letters, maps and submissions regarding validity of the 1909 surrender claim. Commissioners include: Roger J. Austine, Daniel J. Bellegarde, and Sheila G. Purdy. [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.]

Looks at the resettlement of seven families from northern Quebec and three families from Pond Inlet to Resolute Bay on Corwallis Island and Grise Fiord on Ellesmere Island and the lack of recognition and apology for contributions made to arctic sovereignty.

Brief article examines the evolving statutory and common law basis for Aboriginal conduct of, and participation in, land use planning on First Nations reserves, treaty settlement lands and crown lands.

Historical background of claim presented to the Indian Claims Commission (ICC) concerning the validity of the surrender of the reserve to the Crown. No inquiry was conducted as the claim was accepted for negotiation under the Specific Claims Policy. Commissioners include: Roger J. Augstine, Daniel J. Bellegarde, and Renée Dupuis. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Contains historical documents, transcripts, correspondence/letters, reports, exhibits, minutes, and submissions regarding the surrender of some of the reserve lands in 1927, 100 years after the treaty was signed. Commissioners include: Roger J. Augstine and Daniel J. Bellegarde.

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Contains historical documents and reports relating to a claim by the Thames First Nation of misappropriation of funds by Joseph Brant Clench, an officer with the Indian Department in 1854. Commissioners include: Phil Fontaine 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.]

Indian Claims Commission (ICC) was to determine if moneys owed by Crown from the sale of surrendered land had been wrongfully appropriated by an officer of the Indian Dept. No inquiry was conducted as after several planning sessions, Canada accepted the claim for negotiation. Commissioners include: Phil Fontaine and Daniel J. Bellegarde. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Contains historical documents, draft reports and both the English and French inquiry reports relating to a claim alleging that the reservation had never been properly surrendered to the Crown. Commissioners include: Roger J. Augustine, Daniel J. Bellegarde, and Renée Dupuis. [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.]

Tataskweyak Cree Nation calls for federal government to recognize First Nations' rights.

Claim on behalf of Aboriginal children removed from their homes (The sixties scoop) in Ontario between 1965 and 1984.

Brief overview of government policies aimed at eradicating Native Americans, discussion of how schools fit into achieving these goals, and possibilities for achieving redress through litigation.

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of minutes, transcripts, statements, correspondence/letters, submissions, and reports regarding the historical claim grievances of two First Nations who had 4,500 square miles of land seized to create the weapons range. Commissioners include: Harry S. LaForme, 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.]

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.

Explains how the Nisga'a Treaty has laid the foundation for all other treaties under negotiation.

Chapter from Child Welfare: Connecting Research, Policy, and Practice edited by Kathleen Kufeldt and Brad McKenzie. Material presented as exhibit 131 from the Phoenix Sinclair Inquiry.

Sociology Thesis (M.A.)--University of Saskatchewan, 1997.

Discusses how the concept of the Crown may be useful in efforts to achieve autonomy; with special reference to the Charlottetown Accord.

Discusses how public health must take full account of the traditional food practices of Aboriginal people including the harvesting, sharing, and consumption of country and traditional foods.

Recommendations for improving the Department of Indian Affairs.

Paper written for conference "Impact of the Haida and Taku River Decisions". Sponsored by the Pacific Business and Law Institute held January 26-27, 2005 in Vancouver. Summary of court decision and clarification of Aboriginal Rights.

Paper originally presented at the National Claims Research Workshop, October 7, 2002. Overview of law in Canada surrounding duty to consult and Walpole Island First Nation's experiences with accommodation of rights.

Looks at the criteria for universal health care and discusses eligibility.

Historical background, analysis and recommendation from Indian Claims Commission (ICC) hearing to determine whether the federal government breached its fiduciary obligation when it conducted a surrender of part Reserve 73. ICC ruled 2 to 1 that a settlement should be negotiated under the Specific Claims Policy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Reviews policy papers, reports and self-governance agreements to show the present state of First-Nations rights to control education as well as forms of institutional arrangements and agreements for educational self-determination.

Law Thesis (M.L.)--The University of British Columbia, 1992.

Law Thesis (LL.M.)--University of Ottawa, 1994.

Looks at the Alberta government's consultation policy and practice, focusing on the Athabasca region.

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.

Looks decisions by the Supreme Court of Canada in six key cases R. v. Gladstone, R. v. Van Der Peet, Marshall v. Her Majesty the Queen, R. v. Adams, Delgamuukw v. Her Majesty the Queen, and Halfway River.

Overview of the unique legal and constitutional position of Aboriginal peoples in Canada from the Royal Proclamation of 1763 to 2002. Revised version. Originally published August 2000.

Examines three court cases in 2002 that discuss provincial authority in relation to Aboriginal culture: Kitkatla Band v. British Columbia (Minister of Small Business, Tourism and Culture), Ross River Dena Council Band v. Canada and Wewaykum Indian Band v. Canada.

Discussion on the problem of discourse in the Dunne-za/Cree trial, which pitted written documents against knowledge gained from the oral tradition of First Nations peoples. Entire journal on one pdf. Scroll down to page 273 to read article.