Fiduciary Obligations

Displaying 401 - 450 of 453

Taku River Tlingit First Nation Wenah Specific Claim Inquiry

E-Books
Author/Creator
Indian Claims Commission
Historical background and submission to Indian Claims Commission (ICC) on whether the Crown breached its fiduciary duty to the First Nation prior to reserve creation. ICC concluded Indian Agent failed in his duty to represent the First Nation's interests; and the claim should be resolved through negotiation. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Thinking About Aboriginal Justice: Myths and Revolution

Alternate Title
Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice
E-Books » Chapters
Author/Creator
Patricia Monture-Okanee
Article from a 1993 Conference proceedings, discusses how despite some changes, the non-Aboriginal justice system fails Aboriginal Peoples at every turn; justice she concludes is a human problem and the answers are in the women of communities. Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.
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Though Skeptical of Government Intentions - Starblanket, Ahenakew Commend Berger Pipeline Inquiry Findings

Alternate Title
Though Sceptical of Government Intentions - Starblanket, Ahenakew Commend Berger Pipeline Inquiry Findings
Articles » General
Saskatchewan Indian, vol. 7, no. 5, May 1977, p. 49
Noel Starblanket, president of the National Indian Brotherhood, and David Ahenakew, Chief of the Federation of Saskatchewan Indians, comment on Mackenzie Valley inquiry and the findings about pipeline development in the far north.
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Thunderchild Report

Articles » General
Author/Creator
Winston Weekusk
Saskatchewan Indian, vol. 5, no. 1, January 31, 1975, pp. 3-4
Thunderchild Band begins a school from donations without the support of the Department of Indian Affairs.
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Time to Deal With School Issue and Move On

Articles » General
Author/Creator
Doug Cuthand
Leader Post, May 7, 2007, p. B1
Due to a negotiated settlement, the victims of residential schools will soon receive compensation. This article argues that it is now time to look to the future.
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Tories Must Work with Native Leaders on Change

Articles » General
Author/Creator
Doug Cuthand
Star-Phoenix, October 17, 2008, p. A15
Warns that Aboriginal issues will continue, and may become worse, due to Conservative policies and the looming economic recession.
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Tories Need to Mend Fences in Indian Country

Articles » General
Author/Creator
Doug Cuthand
StarPhoenix, February 10, 2006, p. A15
Describes the fear and apprehension about the Conservatives coming into power after the 2006 election and the subsequent change in Government.
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Toward the Reconciliation of Interests and Ambitions: Participating Treaty No. 6 First Nations Position Paper Regarding the Duty to Consult and Accommodate and Sharing Wealth and Benefits of Resources

Documents & Presentations
Author/Creator
Treaty No. 6 Chiefs
Discusses position regarding lands taken up for settlement by the Crown, the Natural Resources Transfer Agreement, reconciliation, infringements, traditional territories, legal principles and compensation.
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Transparency and Accountability Spurned

Articles » General
Author/Creator
Paul Barnsley
Windspeaker, vol. 20, no. 6, October 2002, p. 6

Criticizes many aspects of Canada's freedom of information law, especially the way it blocks out critical information surrounding salaries and payment of government contracts.

Entire issue on one pdf. To access article scroll to p.4.

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Treaty 8 Tribal Association, Saulteau First Nation TLE & Land In Severalty Claim Public Edition, May 2007

Documents & Presentations
Author/Creator
Indian Claims Commission
FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of annotated index, historical documents, reports, legislation, and the Final Report in French and English. [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.]
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Treaty Day $5 a Powerful Symbol

Articles » General
Author/Creator
Doug Cuthand
Leader Post, May 27, 2002, p. B1
Contends that the five dollar treaty day payout indicates the importance of treaty negotiations.
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A Treaty Right to Education

Articles » Scholarly, peer reviewed
Author/Creator
Sheila Carr-Stewart
Canadian Journal of Education, vol. 26, no. 2, 2001, pp. 125-143
Discusses historical and current understanding of education as a right negotiated between the Crown and First Nations in treaties 1 to 7.
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Treaty Rights Pose Challenge

Articles » General
Saskatchewan Indian, vol. 3, no. 5, May 1972, p. 4
Assertion of Treaty rights in reaction to Indian Affairs Minister Chretien's white paper.
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Treaty Settlement Land: The Fiscal Impacts on Local Government

Documents & Presentations
Author/Creator
Peter Adams
Discusses concerns expressed by the local government that could arise about the loss of tax revenue on land that becomes Treaty Settlement Land, and looks at alternative approaches to recover the costs of services provided by local governments close to developed and urban areas.
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Tri-lateral - Is This INAC Code for Downloading?

Alternate Title
Tri-lateral - Is This Indian and Northern Affairs Canada Code for Downloading?
Articles » General
Author/Creator
Paul Barnsley
Windspeaker, vol. 23, no. 4, July 2005, p. 9

Questions whether INAC's move toward a tri-lateral relationship with the province and First Nations peoples is really a breach in its fiduciary duty with the latter.

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

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Trudell

Alternate Title
Trudell Full Documentary
Media » Film and Video
Author/Creator
Heather Rae
John Trudell
Documentary about the life of John Trudell, as an American Indian activist, musician and poet. Duration: 1:18:22.
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Understanding Canadian Aboriginal Law

Alternate Title
Self-Government
What are Aboriginal Rights?
What are Métis Rights?
What is a Fiduciary Duty?
What is a Land Claim?
What is a Treaty?
What is the Duty to Consult?
Documents & Presentations
Author/Creator
Centre for Human Rights Research
University of Manitoba
Seven fact sheets on the following topics: treaties, land claims, Aboriginal rights, duty to consult, fiduciary duty, and self-government. Originally produced for the Truth and Reconciliation national event in Winnipeg.
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Understanding Successful Approaches to Free, Prior and Informed Consent in Canada. Part 1: Recent Developments and Effective Roles for Government, Industry, and Indigenous Communities

Documents & Presentations
Author/Creator
Ginger Gibson MacDonald
Gaby Zezulka

Overview of new developments in the mining sector and the changing roles of various stakeholders with Free, Prior and Informed Consent (FPIC) agreements. Looks at cases from the Tłıc̨hǫ, Haida and Mikisew Cree First Nation territories.

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Understanding the Daniels Case on s. 91(24) Constitution Act 1867

Articles » Scholarly, peer reviewed
Author/Creator
Paul L.A. H. Chartrand
Aboriginal Policy Studies, vol. 3, no. 3, Special Issue on Non-Status Indians, 2014, pp. 115-131
Commentary, in non-legal terms, explains the case was about an action for declaration, not Aboriginal rights or entitlement of Métis and Non-Status Indians.
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Unlearning Colonialism: Storytelling and the Accord

Alternate Title
Adult Education Research Conference ; 54th, 2013
Changing the Landscape of Lifelong Learning: Charting New Territories and Re-defining Education For Adults
Documents & Presentations
Author/Creator
Jim Sharpe
Paper presented 54th Adult Education Research Conference, Changing the Landscape of Lifelong Learning: Charting New Territories and Re-defining Education For Adults, May 2013.
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The Victor Buffalo Case: Cautionary Tale or Radical Hope Vindicated

Alternate Title
Confederacy of Treaty Six First Nations Perspectives on Consultation January 17-18, 2009
Documents & Presentations
Author/Creator
Peter W. Hutchins
Looks at the Federal Court of Canada and the Federal Court of Appeal Judgments in the Samson Cree Nation case and the Victor Buffalo v. Her Majesty the Queen case.
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Wahbung: Our Tomorrows

Documents & Presentations
Author/Creator
Indian Tribes of Manitoba
Position paper discusses past treaties and treaty obligations and argues that the Federal government should renegotiate to redress past violations of Aboriginal rights.
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Water Rights and Wrongs

Articles » Scholarly, peer reviewed
Author/Creator
Maura Hanrahan
Alternatives Journal, vol. 29, no. 1, Winter, 2003, pp. 31-34
Examines unsafe water and related health problems in Black Tickle, Labrador.
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[Week 7: Understanding the Truth and Reconciliation Commission]

Alternate Title
MIKM 2701: Learning From Knowledge Keepers of Mi'kma'ki
Media » Film and Video
Author/Creator
Stephen Augustine
Ashlee Cunsolo Willox
Agnes Gould
Stephen Augustine speaks about the Indian Residential School Settlement Agreement, the Truth and Reconciliation Commission, and the 94 calls to action. Elder Agnes Gould speaks about her missing sister and missing and murdered Indigenous women. Presentations begin at 23:51. Duration: 2:47:26.
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Wewaykum Indian Band v. Canada, [2002] 4 S.C.R. 245, 2002 SCC 79

Alternate Title
Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band [...]
Documents & Presentations
Author/Creator
Supreme Court of Canada
Two Bands each stated that they would have had the other's reserve land if it not for breaches of fiduciary duty.
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What is the Duty to Consult, Anyway, and Why is it Important?

Articles » Scholarly, peer reviewed
Author/Creator
Jason J. Annibale
McMillan Aboriginal Law Bulletin, January 2010, pp. 1-3
Discusses the Crown's obligation to consult whenever their actions could impact Aboriginal right or title interests that are recognized by section 35 of the Constitution.
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What Treaty Eight Actually Says

Alternate Title
What Treaty #8 Actually Says
What Treaty 8 Actually Says
What Treaty No. 8 Actually Says
Articles » General
Author/Creator
Candis McLean
Report, vol. 30, no. 1, January 6, 2003, p. 12
Brief review of recent judicial decisions involving land claims and select issues related to Indigenous mineral rights in Alberta.
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When Do Fiduciary Obligations to Aboriginal People Arise?

Articles » Scholarly, peer reviewed
Author/Creator
Peter W. Hutchins
David Schulze
Carol Hilling
Saskatchewan Law Review, vol. 59, 1995, pp. 97-137
Looks at the dualism of comtemporary law and politics in the relationship between Aboriginal peoples and the Crown.
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Whenever the Indians of the Reserve Should Desire It: An Analysis of the First Nation Treaty Right to Education

Articles » Scholarly, peer reviewed
Author/Creator
Vic Savino
Erica Schumacher
Manitoba Law Journal, vol. 21, no. 3, 1991-1992, pp. [476]-497
Argues that the Federal government failed to live up to its obligations and used a narrow interpretation, which worked to its advantage, based on the written document, as opposed to the actual intent of those who signed the treaties but could not read them to ensure their best interests were being served.
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