Aboriginal Title

Thesis (Ph.D.)--Yale University, 1994. Eskasoni Mi'Kmaw Nation.

Advocates for promotion of private property ownership as opposed to collective ownership as the path to poverty reduction. Chapter 12 from Rethinking the Great White North: Race, Nature, and the Historical Geographies of Whiteness in Canada edited by Andrew Baldwin, Laura Cameron and Audrey Kobayashi.

Historical background to claim presented to the Indian Claims Commission (ICC) regarding the validity of Collins Treaty. ICC assisted the two parties in reaching an agreement in principle. [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 review of: Circles of Time: Aboriginal Land Rights and Resistance in Ontario by David T. McNab.

History Thesis (Ph.D.)--University of British Columbia, 2000.

Looks at the way courts in Australia and Canada deal with indigenous rights and concludes that Canadian courts do more to preserve rights in the face of Crown grants.

Anthropology Thesis (Ph.D.)--McGill University, 2005.

Discusses interethnic partnerships and the resulting post colonial politics and relationships.

Book review of: The Color of the Land: Race, Nation, and the Politics of Landownership in Oklahoma, 1832-1929 by David Chang.

Looks at when to apply duty to consult to address encroachment on Aboriginal rights, title and Treaty rights. Comments on Louis v. British Columbia (Minister of Energy, Mines, and Petroleum Resources, 2013.

Book review of: Coming to Terms edited by Shaun Berg. Review located by scrolling to page 225.

Response to the article by Thomas Flanagan in Canadian Journal of Law and Society Vol. 7 (1992) page 185-206.

Explains how the Nisga'a Treaty has laid the foundation for all other treaties under negotiation.

Book review of: Common Law Aboriginal Title by Kent McNeil. Review located by scrolling to page 181.

Law Thesis (LL.M.)--University of Manitoba, 2001.

Examines the ramifications of Aboriginal peoples' prior occupancy in terms of the legal system brought by the settlers themselves.

Argues that the United States government did not properly compensate the Sioux Nation for taking $18 Billion worth of natural resources, negatively affecting future generations.

Looks at what has been achieved in the four decades since the beginning of the Comprehensive Land Claims process.

Examines the confrontation in 1871 at Rivières aux Ilets de Bois regarding land granted to the Métis under the Manitoba Act of 1870. This land was originally given without title property and than later given in concession to new immigrants from Ontario.

Discusses the land claim confrontations between the Métis and Ontario settlers in 1871.

Explains characteristics of Aboriginal Title: collective right, pluralistic, jurisdictional dimension, inalienable, inherent limit, and flows from a special historical relationship between the Crown and Aboriginal people.

Looks at Section 35 (1) and (2) and Section 37 of the Canadian Constitution Act of 1982.

Paper written for conference "Impact of the Haida and Taku River Decisions". Sponsored by the Pacific Business and Law Institute held January 26-27, 2005 in Vancouver. Summary of court decision and clarification of Aboriginal Rights.

Paper originally presented at the National Claims Research Workshop, October 7, 2002. Overview of law in Canada surrounding duty to consult and Walpole Island First Nation's experiences with accommodation of rights.

Argues that the Supreme Court of Canada needs to consider Abroiginal title in accordance with the principles of equality.

Retirement of the Indian Claims Commission (ICC), in 1978, did not ultimately resolve all tribal claims to Aboriginal lands as there are still many outstanding claim in the United States.

Looks at the long legal process that resulted in the Catawba Land Claim Settlement Act and the extinguishment of a claim for 144,00 acres of highly developed South Carolina land. The settlement also saw the Catawba receive federal and state benefits, restoration as a federal tribe and a $50 million payment.

Examines the demand for justice and for the settlement of several land claims put forward by the Zuni Tribe of New Mexico. As a result of these demands three pieces of legislation were created by US Congress and three court cases were filed.

Chapter in book: Advancing Aboriginal Claims: Visions/Strategies/Directions edited by Kerry Wilkins.

Analysis of rhetoric used in news coverage of 1998 referendum on the Nisga'a Treaty and 2002 BC Treaty Referendum in the National Post, Globe and Mail, Vancouver Sun, The Province, Abbotsford Times, Chilliwack Times, and Kamloops Daily News.

Argues that other First Nations have overlapping claims to Aboriginal title within the Tsawwassen First Nation Agreement and consultation with them should take prior to signing the final agreement.

Concluded in 1923 between the Crown and the members of the Chippewa Nations having claim to lands in the Province of Ontario including fishing, hunting and trapping rights. Also known as one of the Williams Treaties, the other being with Mississauga peoples.

Reviews decisions made by the British Columbia Court of Appeal.

Discusses the challenges associated with the way historical evidence is presented and interpreted in the court room.

Provides an overview of historic treaties, modern treaties and non-treaty areas and how duty to consult applies to each group. Focuses on defining the role of the Energy Regulator in reference to the Crown's duty to consult.

Looks at oil and gas exploration amid regulations and changes to jurisdiction of federal, territorial and Native governments.

Article considers and compares the two different perspectives on the Hopi-Navajo Land Dispute that are contained in Children of Sacred Ground by Catherine Feher-Elston and Cry, Sacred Ground by Anita Parlowe.

Authors explore the principles of cultural landscapes, traditional cultural properties, and consider different social and political factors that contribute to the effectiveness of these concepts in protecting Indigenous artifacts and significant places.

Book review of: A Dangerous Idea by Peter Metcalfe and Kathy Kolkhorst Ruddy.

Describes the land-based university program and its role in resisting settler colonial capitalism, particularly the oil-based extractive resource economy that has defined the relationship between the Dene and the Canadian nation state.

Features activist who is trying to get claim settled before construction begins on the Mackenzie Valley pipeline. Includes synopsis and "Did You Know?" section. Duration: 8:40.

Presents the official response to the 1969 federal government White Paper.

Uses the Mohawk artist's video art installation to highlight differences in settler and Indigenous attitudes towards water in general and the Grand River in particular; explores contested agreements, and considers possibilities for a decolonized relationship between Canada and Indigenous nations.

Looks at the intellectual, structural and political attributes of the British Columbia Treaty Commission (BCTC) process in order to see why it failed. Provides recommendations for future collaboration between governments and Indigenous Nations. Paper from Indigenous Peoples in the International Sphere.