Fiduciary Obligations

Examines the case of Jordan, a young Manitoba First Nation's child with a rare neuromuscular disorder, who died in a Winnipeg hospital after federal and Manitoba governments could not agree on who was financially responsible when hospital caregivers wanted to discharge him to a specialized foster home care near his home Reserve.

Discusses the discriminatory policies and actions toward Aboriginal children in Canada, focusing on Jordan's Principle and Shannen's Dream.

Examines the historical reasons for treaties and comments on the failure of treaty implementation.

Discusses the context of two Conventions which were pivotal in terms of political activism.

Community Health Science Thesis (M.Sc.)--University of Manitoba, 2003.

Law Thesis (LL.M.)--University of Ottawa, 1992.

Educational Research Thesis (Ph.D.)--University of Calgary, 2010.

Three presenters discuss the Daniels decision: First looks at the decision in terms of history, jurisdiction, and identity and citizenship; second analyzes the reasons given by the court for denying two declarations that were sought in the case; and third discusses problem of who can legitimately decide if someone is part of the Métis collective. Duration: 1:08:05. Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.

Edited papers from three conferences held at McGill University, Faculty of Law in 1990, 1991, and 1992

Comments on the non-implemention of the Kelowna Accord and the belief that treaties agreeing to obey the laws must be honoured.

Argues that the federal/provincial/First Nation agreement should be honoured. Also comments on the Kitchenuhmayboosib Inninuwug First Nation's refusal to comply with a court order to give a mining company permission to drill on traditional land.

Presents background, issues, analysis (validity, compliance, membership, and the question of fiduciary obligations), and concludes with the recommendation that the surrender portion of IR 65 not 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.]

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. 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.]

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of community session transcripts, historical documents, maps, excerpts, correspondence/letters, submissions and Final Report in English and French. Commissioners include: Phil Fontaine, Sheila Purdy, and Alan 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.]

Looks at how the Canadian government is fulfilling its fiduciary obligation to consult with Aboriginal communities regarding industrial development on traditional lands.

Discusses the lasting negative effects of the decision to omit Mi'kmaq and Innu from the terms and the consequences of the Indian Act not being applied.

Discusses solutions to resolve the inequalities in First Nations child welfare funding and services.

Uses federal legal ownership of on-reserve housing plus local band level politics as reasons why housing projects continue to be inferior in comparison to off-reserve housing.

Entire issue on one pdf. To access article scroll to p.9.

Discusses strategies of reducing social alienation by increasing legal alienation rights to land through land claims. Scroll down to page 69 to read article

Discusses flaws in the Crown's constitutional duty to consult process with First Nations.

Looks at two important legal issues in the development of a model of First Nations education: recognition of the inherent jurisdiction and protection of that jurisdiction. Revised June 1998.

Explains that the Bureau of Indian Affairs (BIA) administers schools until such time as the State is able to take over duties; states BIA has no statutory requirement to provide education.

Brief profile of two Liberal frontrunners' views on issues pertaining to Aboriginal people.

Entire issue on one pdf. To access article scroll to p.10.

A case study about the difficult jurisdictional issues faced between tribal governments and local, state, and federal levels of governments in the United States.

Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine, if "loss of use" of entitlement lands fell within Canada's lawful obligations under the Specific Claims Policy. ICC recommended that the claim for loss of use 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.]

Found that Canada owes an outstanding lawful obligation to provide land to the Lucky Man First Nation under terms of Treaty 6 and recommended that the treaty land entitlement claim be accepted for negotiation under Canada's Specific Claim 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.]

Book reviews of: Treaty Elders of Saskatchewan; Our Dream is That Our Peoples Will One Day Be Recognized as Nations, by Harold Cardinal; They Will Have Our Words: The Dene Elders Project, Volume 2, produced by Lynda Holland, Mary Ann Kkailther; They Knew Both Sides of Medicine: Cree Tales of Curing and Cursing, as Told by Alice Ahenakew.

Land entitlement court case in which Canada agreed to grant 1.4 million acres of land to Métis children as set out in the Manitoba Act, 1870.

Federation charged that the government had breached its fiduciary duty by failing to carry out sections 31 and 32 of the Manitoba Act, 1870, which had promised land to the children of the Red River Métis and recognized existing Métis land ownership.

Summarizes discussions about duty of governments to consult with Aboriginal peoples.

Overview and guide to aid in developing a meaningful Aboriginal consultation processes for distinct Aboriginal peoples in Canada, one that would accommodate Aboriginal rights.

Discusses different aspects of duty to consult, the relationship between consultation and accommodation, and whether or not the B.C. Provincial Policy for Consultation with First Nations is meeting the demands of consultation.

Frame work for developing relations with Federal, Provincial and First Nations jurisdictions to support First Nations government.

Argues that the definition of Aboriginal rights must be broadened to include all Aboriginal peoples and that the inherent, sui generis rights of the Metis should date not from pre-contact but from the imposition of colonial law and government.

Provides overview of Métis history, reviews significant agreements and legislation, indexes case law summaries and discusses new developments.

Provides overview of Métis history, reviews significant agreements and legislation, indexes case law summaries and discusses new developments.

Provides overview of Métis history, reviews significant agreements and legislation, indexes case law summaries and discusses new developments.

History professor discusses the significance of Daniels v Canada with regards to identity of non-status Indians. Duration: 5:16.

Law Thesis (LL.M.)--Dalhousie University, 2002.

Looks at crowning legal uncertainty about Aboriginal land claims and the resource sector investment.

Contends that the Indian Affairs Minister, Robert Nault, has dealt punitively with First Nations chiefs that have not agreed with his proposals and so the chiefs will be taking their complaints to the ethics commissioner, the Speaker of the House of Commons, the Auditor General of Canada and the Prime Minister.

Entire issue on one pdf. To access article scroll to p.3.

Analysis and commentary by the Law Commission of Canada on abuse in residential schools. Excerpt from Discussion Paper's Executive Summary. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Examines the Ministry of Northern Development and Mines' operation policy for implementing section 78 of the Mining Act and its regulations and consultation requirements.

Claim submitted to the Specific Claims Branch of the Department of Indian and Northern Affairs in 1992, alleging there was a failure to meet the statutory requirements regarding the taking of reserve lands for school purposes. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

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

Sociology Thesis (M.A.)--University of Ottawa, 1993.

Recommends that Federal government remove funding cap for post-secondary students, develop a plan to extend non-repayable student financial assistance to Métis and Non-status First Nations, and continue support for Aboriginal controlled education.

Website for information relating to the Truth and Reconcilation Commission of Canada and its work. Contains links to education, research, archives, and reports.

Asserts that government promises of economic improvement have not been fulfilled and the displaced First Nations peoples have received little for the surrender of their land.

Discusses the federal budget allocations to First Nations programs.