Fiduciary Obligations

Podcast about the history of the treatment of Indigenous People by the State and important factors for creating a beneficial relationship with Canada. Duration: 33:11.

First speaker talks about the Federal government's duty to consult Aboriginals when making decisions that affect them, rights under the Constitution, and Bill C-45. Second discusses how a meaningful dialogue between Aboriginal and non-Aboriginal Canadians might be established. Duration: 22:26.

Author describes his own schooling and notes the changes and progress in the system since the seventies.

Examines the problems involved in resolving the Black Hills land claim between the United States government and the Sioux Nation.

Volume 5 of Report of the Royal Commission on Aboriginal Peoples.

Provides insight into the challenges facing First Nations people and the ability to demonstrate effective governance that would lead to responses and decisions that could minimize climate change impacts.

Historical background and report on mediation by the Indian Claims Commission (ICC) to resolve dispute over 192 acres wrongfully alienated in 1831. Proposed Settlement Agreement was negotiated and ratified. Chief Commissioner : Harry LaForme. [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 events leading up to the settlement of the Clench Defalcation claim and looks at the role the Commission played in the resolution process. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Resulted in a ratified proposed settlement of ten million in compensation with authorization to purchase up to 38,014 acres of land. [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) facilitation of claim for loss of use of flooded lands in Qu'Appelle Valley Indian Development Agency (QVIDA). ICC facilitated process, parties reached Settlement Agreement that was ratified and approved in 2003.

Historical background and submissions to Indian Claims Commission (ICC) concerning the surrender of land by the Band in 1908 and the unsuitable replacement / relocation lands, IR 115B. ICC assisted the parties in reaching a settlement agreement. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Short list of significant dates in the residential school crisis.

Reports on the impending class action lawsuit against the Federal government's attempt to limit their culpability for damages claimed by plaintiffs who attended residential schools.

Entire issue on one pdf. To access article scroll to p.2.

Discusses different viewpoints by the courts, churches and governments for responsibility of residential schools in Canada and suggests using customary law to help speak to this responsibility.

Advocates increased funding to reduce poverty and improve aboriginal conditions, allowing Canada to maintain high rankings given by the UN human development index.

"This chapter highlights the importance of not discarding our past but, rather, understanding the actions of social work pioneers within the context of their times and gaining appreciation for their accomplishments". Introduction and Chapter 1 from People, Politics, and Child Welfare in British Columbia edited by Leslie T. Foster and Brian Wharf.

Final Report concludes that Canada (the Crown) did not breach Treaty 1 when it permitted a surrender of the Band's reserve land. Commissioners include: Daniel J. Bellegarde, Alan C. Holman, 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.]

Residents of Long Lake reserve evacuated due to presence of Stachybotrys mould in houses.

This file contains a presentation by David Peter-Paul that first provides a brief history of government funding and Aboriginal education in Canada. Peter-Paul states that "(T)he federal government, by virtue of its relevant sections outlined in the treaties, the Constitution Act and the Indian Act, has a fiduciary responsibility to provide adequate resources for all levels of education for First Nations people.

File contains a presentation by James Favel and Bill Swimmer, both of the Strike Them on the Back band, currently part of the Sweetgrass First Nation. Favel remarks that the Department of Indian Affairs forced the Strike Them on the Back Band to amalgamate with the Sweetgrass Band, and gave control to the Sweetgrass council which now ignores the Strike on the Back members concerns.

Illustrates a connection between fiduciary and legal failures of the Crown and disregard for the rule of law.

A report of this incident.

Final report examines an alleged shortfall of land and a claim for land under the provisions of Treaty 8. Commissioners include: Renée Dupuis, Daniel J. Bellegarde, and Jane Dickson-Gilmore. [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 Aboriginal title and rights regarding the Northgate Miners' Kemess North Expansion Project.

Education Thesis (M.A.)--University of Arizona, 1941.

Speaks about the impact of section 35 which promised protection of Aboriginal and Treaty Rights for Aboriginal People under the constitution. Duration 1:00:44.

Law Thesis (L.L.M.)--Queen's University, 2012.

Contends that higher population growth, less funding to agencies and lack of employment contribute to poverty among Aboriginal people.

Reviews the availability, accessibility, acceptability, and adequacy of food security including law and policy, which impede food production and acquisition, and provides recommendations for achieving food security.

Speaks about resource development and the challenges faced by Indigenous people in the pursuit of transitional change. Duration: 1:22:49.

Presents concerns voiced by Doig River, Halfway River, Prophet River and West Moberly First Nations to the Site C Clean Energy Joint Review Panel regarding the Project and consultation about the environmental assessment.

Studies the effects of hydro regulations in Northern Manitoba.

Doctor of Juridical Science Thesis (S.J.D.)--University of Toronto, 1998. Develops a framework "for resolution of aboriginal and treaty rights issues in Canadian aboriginal rights jurisprudence." Argues judicial analyses are premised on incorrect assumptions about the Treaty relationship.

Looks at the unregulated solid waste management practices in Saskatchewan and findings of dioxins, furans and other persistent chemical pollutants on Native lands.

Discussion of how neither federal nor provincial governments took responsibility for Innu. While they have finally been granted Indian status, they have no reserve, but do have legitimate land claims that must be settled.

Analysis of how reservations in USA were formerly held in trust by the Federal Government, however title has become progressively more complicated due to state and local jurisdiction.

Philosophy Thesis (Ph.D.)--University of Toronto, 2004.

Submission contends that Canada has failed to adequately address issues facing Aboriginal children and therefore has not complied with the UN Convention on the Rights of the Child, UN Declaration of the Rights of Indigenous Peoples and other human rights instruments.

Provides directions and approaches for non-self-governing First Nations to evolve toward a possible increased use of grants.

Argues that the change is an attempt to download delivery of programs and services to First Nation governments, perhaps without adequate financial support.

Examines the challenges to provide potable water to communities in Ontario; the role of government centered policy development and the identification of areas needing supportive policy.

Reviews literature on governance and participation and looks at two cases in Sweden to see if they are following legislation.

Argues that consultation processes, with the United States administration, need to continue and that reporting requirements and accountability need to be put in place in order to ensure that important issues are addressed.

Presented to the 28th Parliament by Jean Chrétien, Minister of Indian Affairs and Northern Development.

Looks at section 91 (24) of the Constitution Act prior to 2014 regarding interjurisdictional immunity and Crown responsibility; and the Tsilhqot'in and Grassy Narrows case whereby pre-existing law was disregarded.

Comments on the lack of increased funding for tribal colleges despite higher student enrollment.

Describes report by Federation of Saskatchewan Indians task force secretariat about the Department of Indian Affairs.