Aboriginal Title

Investigates U.S. Federal Government Indian strategy of removing tribal resources, particularly water, from Native control.

Highlights the principles laid down in Chief Justice Antonio Lamer's leading judgement regarding the case of Delgamuukw v. British Columbia.

Examines the history and future of Indigenous legal property rights in Canada.

Discusses decision by the Supreme Court of Vermont; reviews claim and the basic rules of extinguishment and asks if the Supreme Court misanalyzed the historical record.

Reports on the longest Aboriginal land claim trial in Canadian history. The court found that the difficulty faced by First Nations was not due to the unlawful dispossession of lands.

Sociology and Anthropology Thesis (Ph.D.)--Simon Fraser University, 1994.

Argues that determining the "extent to which title-holders have control over Aboriginal title lands," requires that the fiduciary responsibility of the Crown be considered as well.

Case in which the Supreme Court of Canada made its definitive statement about the nature of aboriginal title.

Focuses on two approaches to Aboriginal property rights and governance rights; conclusions are similar in relation to property and diverge regarding governance.

Focuses on the Tainui people's efforts to seek redress for the confiscation of their lands in the mid 1860s.

Native American Studies Thesis (M.A.)--University of Lethbridge, 2001.

Examines the reasons and legal aspects used by Canada to dispossess aboriginal people who have not ceded land through treaties, such as the Innu of Labrador-Quebec.

Book review of: Disrobing the Aboriginal Industry: The Deception Behind Indigenous Cultural Preservation by Frances Widdowson and Albert Howard.

Book review of: Disrobing the Aboriginal Industry: The Deception Behind Indigenous Cultural Preservation by Frances Widdowson and Albert Howard.

Discusses impact of clarifying property rights on local economic conditions by using employment and income data found in census data micro-data on reservations.

Looks at Indigenous systems of law that failed to cease with the import of common and statute law of England.

Discussion of the risk of loss of water resources in the western United States in light of several U.S. Supreme Court rulings.

Introduction and documents regarding Lake of Two Mountains Petition which speak to the social gulf, that by the mid-1870's, separated the Mohawks and Oka townspeople

Introduction and two documents related to the signing of the Agreement-In-Principal between the Déne and Métis of the North West Territories and Government of Canada resolving a land claim of the Native people.

Discussion of the Delgamuukw v. British Columbia Supreme Court case of 1997.

Article explores governments' failure to implement, in legislatures and court systems, the Commission's recommendations regarding Aboriginal and treaty rights to land and resources.

Discusses the right of Aboriginal title and duty to consult. Presents examples where Aboriginal people and the Crown have come together to reach an agreement. Duration: 7:30.

Deals with rulings issued by the courts stating that government and private companies must consult with communities when their actions could potentially affect Treaty or Aboriginal rights.

Overview of the development of Aboriginal rights beginning with the Royal Proclamation of 1763 and general discussion of consultation practices in Canada.

Book review of: Eagle Down Is Our Law by Antonia Mills.

Brief article discusses the issues surrounding water allocation to First Nations and the difficulties in resolving the problem due to conflicting jurisdictions.

Entire issue on one pdf. To access article scroll to p.13.

Investigation into John August Stone's Metamora, also known as The Last of the Wampanoags, and how this play and the Removal Act are intertwined with United States history.

Applied Economics Thesis (M.Sc.)--Montana State University, 1992.

Examines the use of land acknowledges and how it conforms more to western ideologies of land ownership and history.

Examines how geographers have contributed to the authorization and execution of land claims.

At issue is the pre-emption of a meadow used by the Esketemc First Nation or as it was then known the Alkali Lake Band. The inquiry found that Canada breached its fiduciary duty by not protecting the meadow, which was clearly in the band's settlement lands. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Explores the validity of negative reactions by Indigenous groups to academic interpretations of territorial interests.

Supreme Court of Canada decision illustrates the influence of common law on government policy.

Discusses the impact of the Delgamuukw decision with respect to acceptance of verbal versus written accounts in land title lawsuits.

Discusses the Canadian courts interpretation of the doctrines of discovery and extinguishment, and how this interpretation may impact on future Aboriginal land claims.

Documentation of the Sioux Nation litigation process outlined in a timeline dated from 1920 to 1985.

Examines some causes for the Commission's failure to resolve the issue of assigning reserve lands.

Argues that from the case Chippewas of Sarnia there may be a third method of extinguishment of Aboriginal title; extinguishment by exercise of judicial discretion.

Commentary looks at crown grants from the view of American case law.

Argues that judges' interpretations of history, which cannot be separated from the context from which it arises, does indeed become "fact" because of the nature of the legal process.

Author outlines a new approach which he calls Federal Constitutionalism, which he thinks will open up avenues for resolution of many legal issues.

History Thesis (Ph.D.)--University of Ottawa, 1994.

Argues that the federal doctrine of tenure continues to endure as the foundation of Australian land law despite its social and historical irrelevance.

Chapter sixteen in book: The Law of Trusts: A Contextual Approach 2nd edition, edited by Jeffrey Bruce Berryman, Mark R. Gillen, and Faye Woodman.

Discusses court case and Justice Allan McEachern's rejection of expert testimony showing Aboriginal land ownership through oral histories.

Report includes the following papers: Report of the Director by J. W. Powell On the Evolution of Language by J. W. Powell Sketch of the Mythology of the North American Indians by J. W. Powell Wyandot Government: A Short Study of Tribal Society by J. W. Powell On Limitations to the Use of Some Anthropologic Data by J. W. Powell A Further Contribution to the Study of the Mortuary Customs of the North American Indians by Dr. H. C. Yarrow Studies in Central American Picture-Writing by Edward S.

Geography Thesis (Ph.D.)--University of British Columbia, 2002.

Discusses Federal land claim policy and Indian title.

Website looks at First Nation relationships with the land, natural resource and development. Provides links to First Nations Bands - Tribes, Councils, Alliances, education centres and First Nations organizations in British Columbia.