Fiduciary Obligations

Focuses on governments' fiduciary responsibility to fund policing and highlights key findings from previous reports: Setting the Context Module 2 & 3 Modules 4 & 5 A

Discussion on the Canadian government's new land claims policy and how it fails to fix the land claims process. Scroll down to access article.

In a ruling of 2-1, the ICC found that Canada did not breach it's fiduciary obligation, with one Commissioner recommending Canada negotiate the claim.

Examines major texts published early in the movement's history and collected under the title The Winter We Danced

Examines governmental correspondence and newspaper articles from 1933-1946 to describe history and illustrate prevalent attitudes of the day.

History Thesis (M.A.)--University of Saskatchewan, 1989.

Webinar covers background to the child-first principle, progress in implementation, Federal and provincial governments' operational narrowing of its application and refusal to acknowledge cases, Pictou Landing Band Council (PLBC) & Maurina Beadle v. Canada, court rulings, and description of study which will collect systems information. Duration: 1:15:59.

Session Five from public conference Assessing the Indian Residential Schools Litigation and Settlement Processes held Friday, January 18, 2013 at the University of Toronto. Speaks to challenges faced as government representatives in the implementation process. Duration: 1:10:08.

Advocates having provinces provide First Nations reserves with technical assistance, the testing of drinking water, inspections and water quality enforcement on a cost recovery basis as one option to addressing safe drinking water issues.

Entire issue on one pdf. To access article scroll to p.21.

Psychology Thesis (M.A.)--Carleton University, 2016.

Presentation by Chief Edward John at the Insight Forestry Conference June 7, 2004 held in Vancouver.

Provides an overview of legislative acts starting with the British North American Act.

Comments on the inability for INAC to ensure the safety and wellbeing of children according to the United Nations Convention on the Rights of the Child or the Charter of Rights and Freedoms.

Reports include the Athabasca Denesuline Inquiry, Lax Kw'alaams Indian Band Inquiry, Young Chipeewayan Inquiry, Micmacs of Gesgapegiag Inquiry, Chippewas of the Thames Inquiry and responses from the Minister of Indian Affairs and Northern Development. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Report and responses for: Sturgeon Lake First Nation Inquiry, Red Deer Holdings Agricultural Lease Claim; Chippewa Tri-Council Inquiry, Chippewas of Beausoleil First Nation, Chippewas of Georgina Island First Nation, Chippewas of Rama First Nation, Collins Treaty Claim; Friends of the Michel Society Inquiry, 1958 Enfranchisement Claim; and the Athabasca Chipewyan First Nation Inquiry, W.A.C. Bennet Dam and Damage to Indian Reserve 201 Claim. Commissioners include: Daniel J. Bellegarde, P. E. James Prentice, Roger J. Augustine, and Carole T. Corcoran.

Report includes inquiries and responses regarding: Gamblers First Nation Treaty Land Entitlement Inquiry; Nekaneet First Nation Agricultural and Other Benefit Under Treaty 4 Inquiry; Moose Deer Point First Nation, Pottawatomi Rights Inquiry. Commissioners include: Daniel J. Bellegarde, P. E. James Prentice, Roger J. Augustine, Carole T. Corcoran, Elijah Harper, 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.]

Reports include rulings on Government of Canada objections relating to First Nations: Athabasca Denesuline, Lac La Ronge, Mikisew Cree, Walpole Island, Sand Bay. Alexis, James Smith, Kluane, Peepeekisis, and rulings on First Nations objections regarding First Nations of: Canupawakpa Dakota and James Smith. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Discusses the decentralization strategies of the health care system by the government, and the implications of the policy for the health of Aboriginal people.

Discusses the legal responsibilities of Federal Impact Aid under Public Law 91-874 to school districts populated by Native American children.

"National publication for the Indians of Canada." Focus on Indigenous issues, events at residential schools and legal decisions. Previously published as Indian Missionary Record. Articles reflect the attitudes and policies of the time.

"National publication for the Indians of Canada." Focus on Indigenous issues, events at residential schools and legal decisions. Previously published as Indian Missionary Record. Articles reflect the attitudes and policies of the time.

Describes events in a class-action lawsuit filed in 1996 against the U.S. Government seeking an accounting of monies held in trust for Native Americans since the late 19th century.

Examines the unique status of Aboriginal peoples in the United States.

Extensive list (335 pages).

"with additions made in September 2022".

Interviews conducted with individuals reveal opinions about their own particular case and rise of the disease in general.

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. Commissioners include: P.E. James Prentice and Roger J. Augustine.

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

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. Commissioners include: Roger J. Austine 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.]

Historical background and submission to Indian Claims Commission (ICC) regarding Canada's unfulfilled obligation to provide economic benefits; action commenced in Alberta against federal and provincial Crown. ICC recommended negotiation be delayed until court action resolved. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Historical background and submission to Indian Claims Commission (ICC) whether Aht-Len-Jees I.R. 5 ceased to be a reserve by virtue of its dis-allowance by Commissioners Ditchburn and Clark, acting under the British Columbia Land Settlement Act. ICC recommended settlement be negotiated and fast tracked 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.]

Historical background and submission to Indian Claims Commission (ICC) regarding compensation under Treaty 4 for agricultural benefits, programs and services, annual payments, and failure to provide a reserve in 1874 when Treaty was concluded. ICC suspended its inquiry when the Crown agreed to negotiate the claim. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Historical background and submission to Indian Claims Commission (ICC) regarding Canada's fiduciary obligation to the Band in regard to the allotment of land on Cormorant Island. ICC recommended that the claim be accepted for negotiation 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.]

Historical background and submissions to Indian Claims Commission (ICC) hearing to determine if this claim fell within the Specific Claims Policy, and whether Canada breached its fiduciary obligation to protect the Band’s settlement lands by allowing the lands to be alienated when timber leases and licences were granted. ICC recommended that the claim be accepted for negotiation 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.]

Historical background and submissions to Indian Claims Commission (ICC) whether Agent Halliday breached his fiduciary obligation by failing in three instances to provide information to the then Nimpkish Band about availability of additional reserve lands. ICC recommended one of the three claims be negotiated under the Specific Claims Policy; two other claims failed for lack of information. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Looks at the Whitefish Lake Cooperative Management Agreement as an example of shared management and suggests this model that may influence future land and resource arrangements.

Law Thesis (LL.M.)--The University of Manitoba, 2004.

Law Thesis (LLM)--University of British Columbia (Vancouver), 2014.

Introduction to articles in special issue based on conference held at the University in Toronto January 2013 regarding Canadian legal system, dealing with the legacy of residential schools, and the Indian Residential Schools Settlement Agreement.

Cautions against funding approaches that do not include First Nations input.

Looks at the development of an Aboriginal justice strategy to allow for Aboriginal control of justice in comparison to the UN Declaration of Rights of Indigenous Peoples.

Historical background, analysis and recommendations from the Indian Claims Commission (ICC) hearing to determine the validity of the surrender and sale of Indian Reserve (IR) 98. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

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. 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. Commissioners include: Renée Dupuis and Alan C. Holman.

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Contents include historical documents, treaties, maps, field notes, reports, interview transcripts, census records, submissions 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.]

Concludes that no outstanding treaty land entitlement is owed to the James Smith Cree Nation. 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.]

Historical background, submissions and findings from Indian Claims Commission (ICC) hearing regarding disputed land entitement and to determine whether James Smith Cree Nation and Cumberland Band 100A were lawfully amalgamated in 1902.. ICC found amalgamation agreement invalid and Canada breached its Treaty and fiduciary duties by failing to obtain the informed consent of the entire Cumberland Band. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Summarizes the child-first principle, raises questions about the Federal Government's interpretation and implementation of the policy, and gives brief description of the Maurina Beadle and Pictou Landing Band Council v. Attorney General of Canada case.