Aboriginal Title

Focuses on the reasons for the court discarding most anthropological testimony in Delgamuukw v. the Queen.

Book review of: The Pleasure of the Crown by Dara Culhane. To read review, scroll down to page 108.

Looks at how the number of meanings for the term "Aboriginality" impacts aboriginal rights by examining the Delgamuukw decision and the impact the case had in determining the nature and extent of Aboriginal rights and title.

Law Thesis (L.L.M.)--Queen's University, 2001.

Author examines the movement of and reorganization of the Indigenous nations in the Puget Sound region of the United States in response to land seizure by the settler colonial state. Considers how contemporary governing bodies use that displacement to argue against the communities’ petitions to have their tribal statuses legally recognized.

Discussion of how the island went from Indigenous occupancy to Indian Reserve status and subject to Timber License 44.

Discusses each part of Aboriginal title as defined by the court, relation to inherent right of self-government, proof of aboriginal title, and jurisdiction over Aboriginal title.

Examines the conceptualisations of property law in Mabo v. Queenland.

Materials prepared for a conference held in Vancouver, British Columbia hosted by Pacific Business & Law Institute, April 7th and 8th, 2011.

Final Report concludes that Canada (the Crown) did not breach Treaty 1 when it permitted a surrender of the Band's reserve land. (French language version). Commissioners include: Daniel J. Bellegarde, Alan C. Holman, and Sheila G. Purdy. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

Explains the Duty to Consult and Accommodate, Section 35 of the Constitution Act of 1982 to protect Aboriginal and treaty rights.

Political Studies Thesis (M.A.)--Queen's University, 1999.

Examines the Mi'kmaq land of Abegweit, the terra nullius concept of unsettled land, and whether English law came to the Island in the Royal Proclamation of 1763 or earlier.

Focuses on how anthropologists can best represent First Nations given the experience of the Delgamuukw court case.

Argues that since land claims force Aboriginal peoples to deal in the European concept of property, it has the effect of undermining the very principles that claimants are trying preserve.

Brief summary of three bills that the Government of Western Australia proposed in response to the amendments of the Commonwealth Native Title Act.

Anthropology, Interdisciplinary Arts and Sciences, Thesis (Ph.D.)--Union Institute, Cincinnati, Ohio, 2001. Discussion of the James Bay Crees fight, called the Great Whale Campaign (1989-1994), to keep a dam from being built in their territory.

Anthropology Thesis (Ph.D.)--New York University, 1998.

Looks at the consultation that brought about some positive legislation in terms of land rights.

Book review of: The Quest for Justice edited by Menno Boldt and J. Anthony Long.

Discusses the system of tenures at the time of settlement and how it was misunderstood to include Aboriginal occupied land.

Argues that recognition of title or ownership, as shown by these court cases, is a function of the executive and legislative branches of government.

Focuses on Canada's and First Nations' claims to territory in British Columbia.

Examines Aboriginal title in terms of socio-territorial organization, property and management systems.

Book review of: Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism by Peter Russell. To access this review, scroll to page 137.

Book review of: Recognizing Aboriginal Title by Peter H. Russell.

Book review of: Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism by Peter H. Russell.

Examines a judge's ruling in a case involving Aboriginal title and private interests, including a detailed analysis of applicable legal principles and public policy considerations that should guide negotiations.

Discusses Andrew Leigh's meaning of adaptive leadership type for engaging in reconciliation.

Interdisciplinary Studies Thesis (Ph.D.)--University of British Columbia, 2005.

Examines legal framework used by the courts to advance relations between the Crown and Aboriginals.

Political Science (Ph.D.)--Simon Fraser University, 2005.

Examines the legal recognition of Indigenous title as it relates to Canadian environmental policy.

Comments on the Manitoba Act, 1870, land claims and Métis identity.

Law Thesis (LL.M.)--McGill University, 2006.

Gives a brief history of Hawaii, explains how the United States deprived an independent people of their right to self-determination, and discusses why Hawaii was used as command headquarters by the United States Pacific military forces.

Reflects on Frank Calder's part in the first modern-day land claims agreement in British Columbia.

Examines the problems involved in resolving the Black Hills land claim between the United States government and the Sioux Nation.

Investigates the defense offered by the Government of Canada that overlapping claims negate any exclusive claims and any obligation in regards to Aboriginal rights to those lands in question.

Paper presented at the 2011 American Anthropological Association Annual meeting in Montreal, Quebec, November 19, 2011.

Communication Thesis (Ph.D.)--University of New Mexico, 2005.

Commentary on the treatment of Native Americans by the United States government and legal system over the years.

Submission of treaty land entitlement claim to the Department of Indian Affairs and Northern Development for a shortfall of entitlement lands based on additions to band membership after the first survey. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Discusses the ramifications of a dispute between the band and its tenants over rent increases.

Looks at how the State Government was not bound by its own Health Act, and the ramifications that had for the Aboriginal peoples of Western Australia.

Books reviewed: A People's Dream: Aboriginal Self-Government in Canada by Dan Russell, Aboriginal Autonomy and Development in Northern Quebec edited by Colin H. Scott, Prospering Together: The Economic Impact of the Aboriginal Title Settlements in B.C. edited by Roslyn Kunin, Aboriginal Education in Canada: A Study in Decolonization edited by K.P.

Article from 1993 Conference proceedings, explores the issues facing First Nation witnesses presenting oral testimony in Courts and use of ethnocentric biases and technical rules in Treaty and Aboriginal title cases. Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.

Review of Cole Harris's recent book, Remaking Native Space paying particular attention to the reserve system, dispossession and land issues. To access this review, scroll to page 137.