Treaty Rights

Describes a hearing on the history of the reservation and the treaty related to natural resources, land, and preservation of the Sioux people.

Assessed the Department's progress in implementing recommendations from audit conducted 2005.

Paper developed as a result of the Crown-First Nations Gathering, January 23-24, 2012. Discusses general goals as well as those in specific areas: families and communities, rights, self-government, and economic and environmental interests.

Lays out a sustainable mining plan on how to conduct mineral resource projects being respectful of Aboriginal communities and treaty rights in a mutually favorable way.

Book review of: Aboriginal and Treaty Rights in Canada edited by Michael Asch.

Gives a conceptual framework of Aboriginal title and self-government by examining case law.

Looks at the background of Aboriginal and Treaty rights and inherent right to self-government.

Outlines the history of treaty making in Canada between Aboriginal peoples and the Crown.

Discusses the dispute as to whether Lubicons are included in Treaty Eight or live on unceded land and are therefore entitled to an external adhesion. A commentary on this article appears in the Canadian Journal of Law and Society, Vol. 7, 1992, pp. 207-212.

Negotiated Treaty land entitlement obligation for Saskatchewan regarding the Nekaneet Band.

Discusses how the lack of recognition and respect of Aboriginal and treaty rights pose a barrier to maintaining healthy relationships between Anishinabek First Nations, government and police services.

Conflict Analysis and Management (M.A.)--Royal Roads University, 2001.

Referendum concerning Treaty rights and land claims considered a political manoeuvre.

Illustrates the history of the Sioux Nation and United States government's legal relationship, the Fort Laramie Treaty of 1868, and the protection of the Black Hills for Sioux people.

Discusses the potential for cultural reclamation and renewal by the Blackfeet due to the parks natural state. Suggests co-management of parklands in the future.

Outlines Aboriginal peoples' struggle in the Maritimes for equal rights and their reliance on the land for economic, social, political and cultural survival.

Looks at the three main objectives of the Office of the Treaty Commissioner: recognize the past, resolve outstanding treaty issues and revive the treaty relationship through education. Duration: 11:59.

Legal Studies Thesis (M.A.)--Carleton University, 2007.

Argues that Treaty-making has conformed to a uni-dimensional pattern of avoidance and inaction, but suggests recent Supreme Court of Canada cases will increase pressure on the Crown to live up to its promises.

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.

Looks at land development through increased Aboriginal involvement in economic opportunities and business ventures as a means to improving Aboriginal employment conditions.

Looks at a case study of the Kwanlin Dün First Nation treaty negotiations in the Yukon Territory, and discusses a theoretical framework and findings to understand and explain other treaty negotiations involving municipal lands.

Presents various maps of Canadian provinces with the status of claims.

Reviews First Nations' role in provincial land and resource management and conservation and the related opportunities and challenges of Conservancy designation.

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

Investigates how the state facilitated railway construction through First Nations reserves as a framework of colonialism.

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

Describes why land claim cases should not be in the court system and in particular the experience of the Paspaschase Band.

Agreement signed between Canada, Saskatchewan and the Cowessess First Nation Band, March 14, 1996.

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.

Advocates treaty rights for Canada's Dakota First Nations.

Author argues that race is an idea and not a biological fact, therefore Aboriginal rights are not products of ill-conceived "race-based" notions, but rather they are fundamental values and general principles.

Analyzes proposals regarding self-government in the Charlottetown Accord, and asses the impact of the defeat of the accord on future relations between aboriginal peoples and the Canadian state.

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.

Discusses the denied Aboriginal rights claims by nine Dakota First Nations. Canada argues that these people are refugees, following the battle of the Little Big Horn in 1976, but the Dakota argues that they were in fact returning to their traditional lands in Saskatchewan and Manitoba.

Examines two articles discussing the political significance of differences in view regarding Aboriginal rights and contemporary treaties in Canada.

Canadian Studies and Native Studies Thesis (M.A.)--Trent University, 2002.

History Thesis (M.A.)--University of Calgary, 1997.

Defines the level of consultation that the Crown is responsible for when dealing with a treaty First Nation and the obligations to implement treaty promises.

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.

Historical background and submissions to Indian Claims Commission (ICC) regarding a 1963 dam built on-reserve and its effect on the First Nation's fishing rights, and obligations owed by Canada. ICC recommended the claim not be accepted for Specific Claims Policy due to compensation already received. [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 why the Inuit were able to complete and sign their Labrador Inuit Land Claims Agreement, but the Innu were not able to complete their agreement with the government.

Brief introduction to history of treaties in Canada. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Brief introduction to claims which arise from the government's failure to set aside land as promised in a Treaty. [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 history of the Rapa Nui peoples and the ongoing struggle to recover their ancestral lands.

Compares studies on the costs and benefits of the treaty settlement process, looks at the settlement model, and impacts of finances, economics and pace of settlement process.