Aboriginal Title
Three Treaty Nations Compared: Economic and Political Consequences for Indigenous Peoples in Canada, the Untied States, and New Zealand
Articles » Scholarly, peer reviewed
Author/Creator
Patricia Seed
Canadian Review of Comparative Literature, vol. 34, no. 1, 2007, pp. 17-32
Description
Compares the shared history of English colonial intention and the different treaty interpretations between the three countries.
Time of Trial: The Gitksan and We'suwet'en in Court
Articles » Scholarly, peer reviewed
Author/Creator
Dora Wilson-Kenni
BC Studies, no. 95, Anthropology and History of the Courts, Autumn, 1992
Description
Text address given by member of litigation team, at the University of British Columbia, 9 April 1991, about testimony at the Delgamuukw court case.
Title is with Me
Alternate Title
Free, Prior & Informed Consent: Title is with Me
Articles » General
Author/Creator
Roger William
Northern Public Affairs, vol. 4, no. 2, The Right to Free, Prior & Informed Consent, May 2016, pp. 27-32
Description
Combined presentations by Roger William at the Free, Prior and Informed Consent Forum in 2015 about the historic judgment given to the Tsilhgot'in Nation for lands claimed outside of a reserve.
To Dignity Through the Back Door: Tsilhqot'in and the Aboriginal Title Test
Articles » General
Author/Creator
Andrée Boisselle
The Supreme Court Law Review, vol. 71, no. 1, 2015, pp. 27-43
Description
Discusses the concept of "prior occupation" of the land and the clarification of test for Aboriginal title in the judgment of Tsilhquot'in Nation v. British Columbia.
Toward the 8th Fire: The View from Oshkimaadziig Unity Camp
Articles » Scholarly, peer reviewed
Author/Creator
Karl Gardner
Richard Peters (Giibwanisi)
Decolonization, vol. 3, no. 3, Indigenous Land-Based Education, 2014, pp. [167]-173
Description
Camp was initially set up in Awenda Provincial Park by a small group opposing the surrender of land in the resolution of the Coldwater Narrows Land Claim within the Specific Land Claims process. It occupies the land in order to reclaim traditional teachings, ceremonies and governance structures.
Towards a Detente with History: Confronting Canada's Colonial Legacy
Articles » Scholarly, peer reviewed
Author/Creator
Joyce A. Green
International Journal of Canadian Studies, no. 12, Aboriginal Peoples and Canada, Fall, 1995, pp. [85]-105
Description
Looks at colonial myth-making and federal policy regarding Aboriginal and treaty rights.
Scroll down to page 85 to read article.
The Transposition of Law and Literature in Delgamuukw and Monkey Beach
Articles » Scholarly, peer reviewed
Author/Creator
Cheryl Suzack
South Atlantic Quarterly, vol. 110, no. 2, Sovereignty, Indigeneity, and the Law, Spring, 2011, pp. 447-463
Description
Looks at the court decision, Delgamuukw v. British Columbia in 1997 in relation to the novel Monkey Beach by Eden Robinson.
Treaties vs. Terra Nullius: "Reconciliation," Treaty-Making and Indigenous Sovereignty in Australia and Canada
Articles » Scholarly, peer reviewed
Author/Creator
Angela Pratt
Indigenous Law Journal , vol. 3, no. 1, Fall, 2004, pp. 43-60
Description
Examines arguments against the concept of Indigenous sovereignty and what all have in common, which is a refusal to relinquish power.
Treaty 8: 1899-1999
Web Sites » Virtual Exhibits
Author/Creator
National Library and Archives of Canada
Description
Virtual exhibit about negotiation of and background to Treaty 8 (Athabasca). "At the time, it was not only the largest land settlement undertaken by the Canadian government with First Nations, but also the first to recognize that the 'aboriginal title' of Indians and Métis are co-existent."
The Treaty Imaginary and Tribal Sovereignty in South Dakota
Articles » Scholarly, peer reviewed
Author/Creator
Thomas Biolsi
American Indian Quarterly, vol. 46, no. 3, Summer, 2021, pp. [209]-249
Description
Looks at the creation and implementation of the South Dakota Mitigation Act and how it ties to Indigenous sovereignty and treaty rights.
Treaty Making in British Columbia: A Short History
Alternate Title
First Nation's Treaty History in B.C., Canada
Media » Film and Video
Author/Creator
Paul Tennant
Joanna Piros
Description
Interview with Paul Tenant, a Political Science Professor from the University of British Columbia, originally broadcast in the 1990s .
Duration: 16:26.
Treaty Referendum Questions Called 'Ridiculous'
Articles » General
Author/Creator
Matthew R. Stewart
Windspeaker, vol. 19, no. 9, January 2002, p. 11
Description
Questions a referendum proposed by B. C. treaty negotiators, arguing that the rights of a minority (First Nations) were being placed in front of a majority (constituents) and that some questions asked address rights already affirmed in Canadian courts and the Constitution.
Entire issue on one pdf. To access article scroll to p.11.
A Tripartite State of Affairs: The Timbisha Shoshone Tribe, the National Park Service, and the Bureau of Indian Affairs, 1933-1994
Articles » Scholarly, peer reviewed
Author/Creator
Steven Crum
American Indian Culture and Research Journal, vol. 22, no. 1, 1998, pp. 117-136
Description
Anticipating the passage of the 1994 Death Valley National Monument Act, the Timbisha Shoshone passed a resolution calling for the establishment of 160,000 acres of reservation land, located both inside and near the Death Valley National Park.
The Tsilhqot'in Decision and Canada's First Termination Policies
Articles » General
Author/Creator
Russell Diabo
New Socialist Webzine, Part 1, January 13, 2015, p. [?]
Description
Reviews the Supreme Court of Canada's landmark decision in the case Tsilhqot'in v. British Columbia in which the Zeni Gwet'in Tsilhqot'in have Aboriginal Title to much of their traditional territory.
The Tsilhqot'in Decision and Indigenous Self-Determination
Alternate Title
[The Tsilhqot’in Decision and Canada’s First Nations Termination Policies, pt. 2]
Documents & Presentations
Author/Creator
Arthur Manuel
Description
Brief discussion of Supreme Court of Canada's landmark decision in the case Tsilhqot'in v. British Columbia in which the Zeni Gwet'in Tsilhqot'in have Aboriginal Title to 200,000 hectares of traditional territory in northern B.C. and rights to land use.
Tsilhqot'in Nation v. British Columbia 2007 BCSC 1700
Alternate Title
In the Supreme Court of Canada: Tsilhqot'in Nation v. British Columbia
Documents & Presentations
Author/Creator
British Columbia Supreme Court
Description
Dispute over Aboriginal title in the part of the Cariboo-Chilcotin region defined as Tachelach'ed (Brittany Triangle) and the Trapline Territory.
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
Description
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.
Unfinished Justice: Completing the Restoration and Acknowledgement of California Indian Tribes
Articles » Scholarly, peer reviewed
Author/Creator
Allogan Slagle
American Indian Quarterly, vol. 13, no. 4, The California Indians, Autumn, 1989, pp. 325-345
Description
Looks at the creation of the US Acknowledgement and Research Branch to investigate California Indigenous tribes seeking federal recognition. Also includes a list of California tribes seeking federal recognition during the 1980s.
"We Have Kept Our Part of the Treaty": The Anishinaabe Understanding of Treaty #3
Documents & Presentations
Author/Creator
Grand Council Treaty #3
Description
Discusses discrepancies between what had been promised in the agreement and what was later published by the Canadian government, and the government's actions after it was signed. Focuses on education, fishing, hunting, mineral, forestry, and wild plant rights, assistance for agriculture, and self-government.
Welcome to Country Speeches: A Personal Perspective from a Larrakia Man
Articles » General
Author/Creator
Curtis Roman
ab-Original, vol. 2, no. 1, 2018, pp. 110-114
Description
Opinion piece in which the author discusses their concerns about “Welcome to Country Speeches” or “Land Acknowledgements.” Offers suggestions as to how the recently adopted practice of acknowledging Indigenous peoples and their territories can be approached as an exchange and an opportunity to educate event attendees.
The Western Arctic Claim: The Inuvialuit Final Agreement
E-Books
Author/Creator
Indian and Northern Affairs Canada
Description
Declares valid the agreement between the Committee for Original People's entitlement, representing the Inuvialuit of the Inuvialuit Settlement Region, and the Government of Canada. The agreement includes amendements to the National Parks Act.
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
Description
Two Bands each stated that they would have had the other's reserve land if it not for breaches of fiduciary duty.
What's Law Got to Do With It? The Protection of Aboriginal Title in Canada
Articles » Scholarly, peer reviewed
Author/Creator
Patrick Macklem
Osgoode Hall Law Journal, vol. 35, 1997, pp. 125-138
Description
Examines the past and future of law, and states that the law should acknowledge that it has produced unjust distributions of title across Canada.
Where is Here?
Articles » Scholarly, peer reviewed
Author/Creator
Ronald L. Grimes
Canadian Journal of Native Studies, vol. 40, no. 1, 2020, pp. 151-158
Description
Using their own personal reflections the author looks at Ontario Indigenous land claims and its impact into modern times.