Aboriginal Title

Discusses the nature of aboriginal law and Anglo-Canadian common law and how the two legal orders may interact in the modern Canadian state.

National park located in the southwest corner of the Yukon in Traditional Territories of the Champagne and Aishihik, and Kluane First Nations; site includes ecology, geology, cultural heritage, articles, activities, and visitor information.

Author reflects on the international legal standards regarding the 1868 Fort Laramie Treaty of Black Hills between the United States government and the Sioux Nation.

Conflict Analysis and Management Thesis (M.A.)--Royal Roads University, 2000.

Sets out principles to establish a free and democratic government for the Inuit.

Chronology of the government's attempts to discharge their obligations to the Métis under the terms of the surrender of Rupert's land, specifically Section 31 of the Manitoba Act.

Explores the cross-links between cultural resurgence, land claims and steps to exercising self-determination.

Discusses the pros and cons of the Aboriginal Land Rights Act of 1983 and talks about the few land claims that have been granted.

Issue looks at Commission's mediation services and reviews Supreme Court decisions that have impacted Aboriginal title and land claims. Complete issue on one pdf.

Looks at the Supreme Court decision in Tsilhqot'in Nation v. British Columbia case which opted for a territorial concept rather than the usual theory of Aboriginal title.

Book review of: Law's Anthropology by Paul Burke. Scroll down to page 209 to read review.

Simplified explanation why Delgamuukw was a turning point in Treaty negotiations, having confirmed Aboriginal title exists in British Columbia, establishes rights to land, resources, and places a duty on the Crown to consult First Nations for actions effecting such rights.

Discusses strategies of reducing social alienation by increasing legal alienation rights to land through land claims. Scroll down to page 69 to read article

Discusses flaws in the Crown's constitutional duty to consult process with First Nations.

Looks at the principle "unwritten" sources of Aboriginal land rights, and also discusses the significance of the main "written" source of Aboriginal title, the Royal Proclamation issued by the British Crown on October 7, 1763.

Discusses Tsihqot'in decision where Aboriginal title was proved for an area of 200,000 hectors in British Columbia. Duration: 37:45.

Examines some of the difficulties Aboriginal people encounter when they rely on their oral histories.

Political Science Thesis (M.A.)--University of Victoria, 1996.

Leadership and Training Thesis (M.A.)--Royal Roads University, 1999.

A response to Wendy Wickwire's Biography on ethnographer James Teit and his work amongst the Sinixt and Ktunaxa people. The author uses ethnography to discuss the lack of Indigenous recognition of the Sinixt people under the Indian Act by the federal government.

Includes extensive appendices of statements from chiefs and religious representatives attached to the letter expressing expressing concerns about a wide range of issues including government policy application, conduct and breach of promises by Indian Agents, relationship between missionaries, government and Indian Agents, potlatch law, survey of First Nations lands, Commission and other matters.

Speaks about Indigenous human rights internationally and within Canada at Linking Arms Together symposium held at York University, June 28, 2013. Duration: 46:40.

Law Thesis (LL.M.)--University of Toronto, 2003. Discussion of how the totem system works, and the implications this has for land claims in the Canadian legal system.

Discusses a confrontation between the Haida and loggers in British Columbia. Duration: 3:29

Examines the Mabo decision from the High Court of Australia and its importance as a precedent concerning land claims and Aboriginal title.

Discusses the blockade held in 1985 in order to stop logging on the land.

Discusses the landmark Australian case, the Mabo decision in the historical context of race relations and reviews issues such as separation of powers doctrine, terra nullius, sovereignty, and Native title.

Chronicles some landmarks in the battle for Aboriginal title in Canada.

Filed statement of claim in the Federal Court regarding the lack of land in Treaty no. 5.

Describes the hydroelectric development that, due to planned flooding, relocated the entire non-reserve community of South Indian Lake. The article argues that having concluded Treaty 5, left the Cree community in no position to negotiate Aboriginal title.

Comments on the case Manitoba Métis Federation Inv v Canada (Attorney General), 2013 SCC 14.

Reviews the history of Maori/non-Maori land relations since 1865 in New Zealand and explores how legislation has helped to shape race relations.

Interdisciplinary Thesis (M.A.)--University of Victoria (Canada), 1999.

Argues that the majority opinion in Marshall and Bernard is flawed as it undermines the significance of aboriginal laws as a way of proving Aboriginal title.

Discusses the change from historical title governed by Principles of Recognition, to generative right governed by the same principles, but their application has been transformed by common law.

Examines the history and validity of claims made based on derivative title.

Provides overview of Métis history, reviews significant agreements and legislation, indexes case law summaries and discusses new developments.

Provides overview of Métis history, reviews significant agreements and legislation, indexes case law summaries and discusses new developments.

Provides overview of Métis history, reviews significant agreements and legislation, indexes case law summaries and discusses new developments.

Argues that the scrip policy was created to extinguish Métis Aboriginal title.

Discussion of the history of property rights in PEI and includes the petition of Oliver LeBone to the Colonial Office in London in 1838.

Discusses treaty rights and the Crown's duty to consult. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Examines, from a linguistic perspective, the effect of post-colonial order on the Aboriginal land rights of the Crown's oldest ally, the Mikmaw Nation.

Book review of: A Missing Genocide and the Demonization of Its Heroes by Tom Swanky. Entire book review section on one pdf. To access this review scroll to p. 117.

Discussion on whether Aboriginal peoples in Canada can use section 35 of the Constitution Act, 1982 as an environmental protection tool.

Author approaches land claim arguments in the United States from a Western, moral philosophy perspective, compares Indigenous and Western moral perspectives.

Discusses two cases Neskonlith Indian Band v Salmon Arm (City) and Wahgoshing First Nation v Solid God Resources Corp both involving failure to consult with First Nations by a municipality and a private business.

Found that the Crown breached its pre-surrender fiduciary obligations to the Muskowekwan First Nation regarding both surrenders. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]