Fiduciary Obligations

Historical background and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. Commissioners include: Renée Dupuis and Alan C. Holman. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Policy changed from a demand based post-secondary assistance program to a program based on quotas.

Indigenous and Canadian Studies Thesis (Ph.D.)--Carleton University, 2017.

Official transcript of Supreme Court decision regarding recognition of Métis and non-Status Indians.

Looks at the allotment policy, the decline of agricultural productivity, and the implication of land privatisation.

Challenges the Harper Conservative government on their failure to fulfil Canada's obligations to our First Nations and Aboriginal People and the dismissal of the Kelowna Accord. (7 minutes)

Discusses the changes needed to the structure and funding of educational services to meet the needs of Aboriginal students.

Committee presents report on their investigation into the deficiencies of the health care system. "42nd Parliamen, 1st Session".

Originally released November 17, 1970, this paper responds to the federal government’s White Paper, released in June of 1969. The Union of BC Indian Chiefs rejects the policies in the White Paper, reminding the government that changing or abridging the historic relationship between First Nations and the Federal Government requires consent from the First Nations.

Overview of the movement and the historical background to the Crown-First Nation relationship.

Argues that determining the "extent to which title-holders have control over Aboriginal title lands," requires that the fiduciary responsibility of the Crown be considered as well.

Political Science Thesis (M.A.)--University of Waterloo, 2005.

Reviews the alleged failure of the Government of Canada to fulfil its duty to consult and accommodate the Dene Tha' First Nation regarding the Mackenzie Gas Pipeline.

Discusses the denied Aboriginal rights claims by nine Dakota First Nations. Canada argues that these people are refugees, following the battle of the Little Big Horn in 1976, but the Dakota argues that they were in fact returning to their traditional lands in Saskatchewan and Manitoba.

Environmental Science Thesis (M.E.Des.)--University of Calgary, 2007.

Montreal Lake Band Council addresses their inadequate education facility and poor school programs.

Examines how government policies changed as result of the migration from reserves to urban centres and have lead to an "on reserve, off reserve" mentality.

Looks at a transfer of jurisdiction and authorities to territorial or Indigenous self governments, from the federal government, and the importance of both power and revenue sharing among governments for promoting sustainable economic development.

Discusses how the Government of the Northwest Territories will be responsible for the administration and control of public lands and resources.

Sociology Thesis (M.A.)--University of Saskatchewan, 2001.

Argues that more effort is needed to resolve land claims, diamond industry and resource development regulation issues.

Focuses on two approaches to Aboriginal property rights and governance rights; conclusions are similar in relation to property and diverge regarding governance.

Discusses topics that are based on the need to develop First Nations institutions having the mandate and capacity to deal with environmental issues.

Historical background and submissions to Indian Claims Commission (ICC) regarding eight reserve surrenders, IR 151 and 151B-151H, under section 51, 1927 Indian Act. ICC determined Canada breached its fiduciary obligations regarding IR 151E and the claim be accepted for negotiation under the Specific Claims Policy. Commissioners include: Daniel J. Bellegarde, P.E. James Prentice, Carole T. Corcoran, and Roger J. Augustine. [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. Contents consist of historical documents, maps, reports, legal documents, transcripts, correspondence/letters, submissions and the Inquiry Report in English and French versions. [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.]

Law Thesis (LLM)--University of Toronto, 2015.

Defines the level of consultation that the Crown is responsible for when dealing with a treaty First Nation and the obligations to implement treaty promises.

Law Thesis (L.L.M.)--York University, 1993.

Looks at the definition of rights-bearing Métis and the challenges involved with the consultation processes for environmental issues.

Book review of: The Duty to Consult by Dwight G. Newman.

Looks at several cases where duty to consult plays an important part in case litigation.

Looks at the problems encountered when discussing resource co-management and self-government with non-status and Métis Indians.

Examines the diverse and complex issues of economic development facing First Nations.

Reviews the decline of the Steven Harper federal government's approach to First Nations funding such as the cancellation of the Kelowna Accord.

Overview of articles in journal issue.

Summarizes changes in the educational system since the new government took over six years ago. To access this article, scroll down to page 8.

Anglican priest goes on hunger strike to draw attention to the severe addiction problems of children in Sheshatshiu, Labrador.

Historical backround and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. (French language version) Commissioners include: Renée Dupuis and Alan C. Holman. [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.]

Historical background, submissions, and recommendations from Indian Claims Commission (ICC) hearing to determine if Canada breached its obligations in taking an invalid surrender and in its subsequent disposition of the land. ICC found that James Smith Cree Nation was not owed any lawful obligations, but recommended that Canada's obligations dealing with the disposition of IR100A be negotiated with Cumberland House Cree Nation. (French language version) Commissioners include: Renée Dupuis and Alan C.

Final Report regarding the James Smith Cree Nation's claim challenging the validity of the surrender and sale of the Chakastaypasin Band's Indian Reserve (IR) 98. (French language version) Commissioners include: Renée Dupuis and Alan C. Holman. [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.]

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. (French language version) 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.]

Historical background and submissions to Indian Claims Commission (ICC) regarding eight reserve surrenders, IR 151 and 151B-151H, under section 51, 1927 Indian Act. ICC determined Canada breached its fiduciary obligations regarding IR 151E and the claim be accepted for negotiation under the Specific Claims Policy. (French language version) Commissioners include: Daniel J. Bellegarde, P.E. James Prentice, Carole T. Corcoran, and Roger J. Augustine. [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.]

Historical background and issues involved in Indian Claims Commission (ICC) hearing to determine the validity of the 1907 surrender. (French language version) Commissioners include: P.E. James Prentice and Roger J. Augustine. [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.]

Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine if surrender was valid, complied with the provisions of the Indian Act and whether Canada's fiduciary obligations were met. ICC found that although the surrender was valid and unconditional, Canada had breached its pre-surrender fiduciary obligations in allowing it to take place. (French language version) Commissioners include: P.E. James Prentice and Roger J.

Final Report examines whether the claim of the Key Lake First Nations discloses a breach of Canada's "lawful obligations" to the First Nation under the Specific Claims Policy. (French language version) Commissioners include: P. E. James Prentice, Carole T. Corcoran, and Roger J. Augustine. [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.]

Final report examines historical background and submission to Indian Claims Commission (ICC) regarding whether the Crown breached its fiduciary obligation by allocating reserve land (IR 81) to people outside of the Band. ICC found Canada breached its obligations and recommended the claim be a negotiated under Canada's Specific Claims Policy. (French language version) Commissioners include: Alan C. Holman, Renee Dupuis, 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.]

Indian Claims Commission Final Report which examines whether the Crown has obligations relating to damages sustained by the construction of the dam, French language version. Commissioners include : P.E. James Prentice, Carole T. Corcoran, Aurélien Gill. Historical background and submissions to the Indian Claims Commission (ICC) regarding Canada breaching its fiduciary obligations to the Band for environmental damages to Reserve 201 caused by construction and operation of the W.A.C. Bennett Dam.

Historical background and submissions to Indian Claims Commission (ICC) regarding whether the surrender was valid; whether Canada breached its fiduciary obligations. ICC found the surrender valid; that Canada breached its fiduciary duties; and the claim be negotiated under the Specific Claims Policy. (French language version) Commissioners include: Roger J. Austine 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.]

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. (French version) Commissioners include: Roger J. Augstine, 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.]

Presents a case about oil and gas royalties and discusses whether the Crown has a fiduciary obligation to invest.