Aboriginal Title

Displaying 51 - 100 of 559

Akimiski Island, Nunavut, Canada: A Test of Inuit Title

Articles » Scholarly, peer reviewed
Author/Creator
Christine Pritchard
Brandy Sistili
Zachariah General
Graham S. Whitelaw
Danie D. McCarthy...[ et al.]
The Canadian Journal of Native Studies, vol. 30, no. 2, 2010, pp. 407-414
Description
Comments on whether the Inuit of Nunavut fulfil several criteria of the common law test for Aboriginal title of the Island.
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Ambitious and Restrictive Scoping: Case Studies From Northern Canada

Articles » Scholarly, peer reviewed
Author/Creator
Peter R. Mulvihill
Douglas C. Baker
Environmental Impact Assessment Review, vol. 21, no. 4, pp. 363-384
Description
Discusses the two most influential environmental assessments; the Berger Inquiry (Mackenzie Valley Pipeline Inquiry) and BEARP (Beaufort Sea Environmental Assessment and Review Process) as well as the Great Whale River Hydroelectric Project in Northern Quebec and the Ekati Diamond Mine in NWT.
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Anthropologists and the Registration Test

Articles » Scholarly, peer reviewed
Author/Creator
Julie Finlayson
Indigenous Law Bulletin, no. 5, 1999
Description
Explains that the Native Title Act 1993 now requires that all claims be lodged to the Federal Court of Australia before being referred to the National Native Title Tribunal.
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Arctic-The North

Articles » General
Description
File contains an article from the Globe and Mail involving the Indian Brotherhood of the Northwest Territories' claim on the western portion of the North West Territories.
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At the Court of the Strange God

Articles » Scholarly, peer reviewed
Author/Creator
Valerie Kerruish
Law and Critique, vol. 13, no. 3, October 2002, pp. 271-287
Description
Discussion of the Australian High Court decision of Mabo (No. 2).
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Being/Nothing: Native Title and Fantasy Fulfilment

Articles » Scholarly, peer reviewed
Author/Creator
Katherine Biber
Indigenous Law Journal, vol. 3, no. 1, Fall, 2004, pp. 1-18
Description
Author explores the consequences of imaging the nation in a fantasy way by reading the formative Australian cases through which Native jurisprudence developed in Australia.
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Beyond Racism: Some Opinions about Racialism and American Archaeology

Articles » Scholarly, peer reviewed
Author/Creator
Roger Echo-Hawk
Larry J. Zimmerman
American Indian Quarterly, vol. 30, no. 3/4, Decolonizing Archaeology , Summer - Autumn, 2006, pp. 461-485
Description
Authors reproduce an email conversation about race, racialism, and racism in Archaeological practice in the United States that occurred between Indigenous Archaeologists; and further discuss the issues raised in the conversation.
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Bill C-37: Claim Settlements (Alberta and Saskatchewan) Implementation Act

Alternate Title
[Legislative Summary (Research Branch, Libary of Parliament)] ; LS-415E
Documents & Presentations
Author/Creator
Mary C. Hurley
Government of Canada
Description
Gives the legislative history of Bill C-37; legislation that facilitates land claim settlements, particularily those resolving treaty land entitlement and specific claims.
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The Black Hills Case: On the Cusp of History

Articles » Scholarly, peer reviewed
Author/Creator
Frank Pommersheim
Wicazo Sa Review, vol. 4, no. 1, Spring, 1988, pp. 18-23
Description
Illustrates the history of the Sioux Nation and United States government's legal relationship, the Fort Laramie Treaty of 1868, and the protection of the Black Hills for Sioux people.
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Blueberry River Indian Band v. Canada (Department of Indian Affairs and Northern Development), [1995] 4 S.C.R. 344

E-Books » Chapters
Author/Creator
Supreme Court of Canada
Supreme Court Report
Description
Looks at the validity of surrender of reserve land and the nature of the duty of the Crown prior to surrender. Supreme Court Reports at page 344 to 409. [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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[Book Review]

Book Reviews
Author/Creator
Michael Kew
Canadian Journal of Sociology, vol. 21, no. 4, Autumn, 1996, pp. 577-579
Description
Book review of: Unjust Relations: Aboriginal Rights in Canadian Courts edited by Peter Kulchyski.
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Book Reviews

Book Reviews
Author/Creator
Various Authors
Canadian Journal of Native Studies, vol. 22, no. 2, 2002, pp. 399-402
Description
Book reviews of 10 books: An Overview of Aboriginal and Treaty Rights and Compensation for their Breach by Robert Mainville. Black Elk Lives: Conversations With the Black Elk Family by Esther Black Elk DeSersa, Olivia Black Elk Pourier, Aaron DeSersa Jr., Clifton DeSersa. Black Elk Speaks, Being the Life Story of a Holy Man of the Oglala Sioux told through John G. Neihardt (Flaming Rainbow) by Nicholas Black Elk. Choctaws at the Crossroads: The Political Economy of Class and Culture in the Oklahoma Timer Region by Sandra Faiman-Silva.
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The Calder Case in Historical Perspective

Articles » Scholarly, peer reviewed
Author/Creator
W. H. McConnell
Saskatchewan Law Review, vol. 38, no. 1, 1974, pp. 88-122
Description
Looks at historical, moral and legal claims by the Nishga.
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Calder et al. v. Attorney-General of British Columbia, [1973] S.C.R. 313

Alternate Title
Calder et al. v. Attorney-General of British Columbia, [1973] Supreme Court Reports 313
Frank Calder et al., Suing on Their Own Behalf and On Behalf of All Other Members of the Nishga Tribal Council [...]
Documents & Presentations
Author/Creator
Supreme Court of Canada
Description
Argues that Aboriginal title had never been extinguished in territories around Nass River Valley, Observatory Inlet, Portland Inlet and the Portland Canal, in northwestern British Columbia.
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Call For a Treaty Within Australia, Between Australians

Articles » General
Author/Creator
The Aboriginal Treaty Committee
Aboriginal & Islander Health Worker Journal, vol. 4, no. 3, s 1980, pp. 39-43
Description
Notes that Australia is the only former British colony to not recognize Aboriginal title to land.
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Canada, Empire and Indigenous People in the Americas

Articles » Scholarly, peer reviewed
Author/Creator
Todd Gordon
Socialist Studies, vol. 2, no. 1, Spring, 2006, pp. 47-75
Description
Looks at the historical relationship between the Canadian State and indigenous peoples' resistance to capitalism.
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Canada Responds to Tsilhqot'in Decision: Extinguishment or Nothing!

Alternate Title
[The Tsilhqot’in Decision and Canada’s First Nations Termination Policies, pt. 1]
Documents & Presentations
Author/Creator
Russell Diabo
Shiri Pasternak
Description
Brief discussion of Canada's Comprehensive Land Claims policy in response to the Supreme Court of Canada's landmark decision in the case Tsilhqot'in v. British Columbia.
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Canada, Return to an Address of the Honourable The House of Commons, Dated 16 August, 1853, for Copies or Extracts of any Representations to the Secretary of State from Mr. Cheshire, or any Other Parties, on Behalf of the Settlers on the Grand River, in Upper Canada ...

Alternate Title
Parliamentary Papers / Great Britain. Parliament (1852-1857). House of Commons ; 1003, 1853
E-Books
Author/Creator
Great Britain
Colonial Office
Description
Contains copies or extracts of representations to the Secretary of State and/or the Colonial Office, on behalf of the settlers on the Grand River, and allegations of squatters on Indian Lands, in Upper Canada.
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Canada - The Nisga'a Final Agreement in Brief

Articles » Scholarly, peer reviewed
Australian Indigenous Law Reporter, vol. 3, no. 4, December 1998, p. 37
Description
Agreement that transfers ownership of traditional lands to the Nisga'a and affirms their right to self-government.
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Canada Watch (Fall 2013)

Alternate Title
The Royal Proclamation: 250 Years Later
Documents & Presentations
Author/Creator
Colin M. Coates
Thomas Peace
J. R. Miller
Brian Slattery
John Reid
Denys Delâge... [et al]
Description
Presents full themed issue focused on the lasting legacy of the Royal Proclamation of 1763 and how it defined North American politics.
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Canadian Developments

Articles » Scholarly, peer reviewed
Author/Creator
Brad Morse
Aboriginal Law Bulletin, vol. 1, no. 12, February 1985, p. 8
Description
Discussion on Canadian land rights, self-government including the Cree-Naskapi (of Quebec) Act, constitutional initiatives and possible future directions.
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Carry the Kettle First Nation: 1905 Surrender Inquiry

Alternate Title
Indian Claims Commission: Carry the Kettle First Nation: 1905 Surrender Inquiry
E-Books
Author/Creator
Indian Claims Commission
Description
Results of the 1988 claim under the Federal Specific Claims Policy which challenged the validity of the 1905 surrender of 5,760 acres of land from the Assiniboine Reserve No. 76. [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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Case Note: Western Australia v Ward & Ors

Articles » Scholarly, peer reviewed
Author/Creator
Kate Stoeckel
Sydney Law Review, no. 12, 2003
Description
Argues that the Australia v Ward & Ors court case is an important case regarding the extinguishment of Native title under the Native Title Act 1993.
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