Case Law

Displaying 1 - 50 of 1363

2011 Métis Law in Canada

Alternate Title
Métis Law in Canada 2011
Documents & Presentations
Author/Creator
Jean Teillet
Description
Provides overview of Métis history, reviews significant agreements and legislation, indexes case law summaries and discusses new developments.
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The 2011 Swedish Supreme Court Ruling: A Turning Point for Saami Rights

Alternate Title
The 2011 Swedish Supreme Court Ruling: A Turning Point for Sami Rights
Articles » Scholarly, peer reviewed
Author/Creator
Anett Sasvari
Hugh Beach
Nomadic Peoples , vol. 15, no. 2, Winter, 2011, pp. 130-135
Description
Discusses court case between landowners and Sami reindeer herders regarding land entitlements whereby the supreme court upheld the Sami customary right to graze reindeer on private lands.
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Aboriginal Children in Limbo: A Comment on Re R. T.

Alternate Title
Aboriginal Children in Limbo: A Comment on Re: R. T.
Articles » Scholarly, peer reviewed
Author/Creator
Emily Grier
Saskatchewan Law Review, vol. 68, no. 2, 2005, pp. 435-453
Description
Argues that 20 years after problems were first publicized about child welfare little has changed, except for the policy that First Nations' children cannot be placed for adoption without the consent of the child's band or the First Nations' Child and Services agency.
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Aboriginal Entrepreneurship on Reserves: Some Empirical Data from Northern Ontario and Considerations Following the Supreme Court of Canada Decision on the Delgamuukw v. British Columbia Appeal

Articles » Scholarly, peer reviewed
Author/Creator
Jean-Charles Cachon
Journal of Small Business & Entrepreneurship, vol. 15, no. 3, 2000, pp. 2-14
Description
Based on sample of 22 on-reserve businesses regarding structure, capital, information channels and problems.
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Aboriginal Incarceration in Canada since 1978: Every Picture Tells the Same Story

Articles » Scholarly, peer reviewed
Author/Creator
Julian V. Roberts
Andrew A. Reid
Canadian Journal of Criminology and Criminal Justice , vol. 59, no. 3, July 2017, pp. 313-345
Description
Looks at current and historical trends at provincial/territorial and federal levels using data from the Adult Correctional Services Survey conducted by Statistics Canada.
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Aboriginal Law 101

Alternate Title
Saturday Morning at the Law School
Documents & Presentations
Author/Creator
David Laidlaw
Description
Power point provides overview of history, facts about current situation, Constitutional rights, the Crown's duty to consult and accommodate, and Canada's international obligations.
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Aboriginal Law 2016: Year in Review

Documents & Presentations
Author/Creator
Norton Rose Fulbright [Canada LLP]
Description
Summarizes key decisions relevant to industry and project proponents and discusses how they effect carrying out the duty to consult with Indigenous peoples.
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Aboriginal Law: The Métis Hunting Case R. v. Powley

Articles » Scholarly, peer reviewed
Author/Creator
Fred R. Fenwick
Law Now, vol. 28, no. 4, February/March 2004, p. [?]
Description
Decision of the Supreme Court of Canada concerning traditional rights of Metis as Aboriginal peoples and recognition of the right to exercise them.
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Aboriginal Links: Canada & U.S.

Alternate Title
Aboriginal Links: Canada and U.S.
Bill Henderson Law Resources
Bill's Aboriginal Links: Canada and US
Web Sites » Personal
Description
Links include sites about land claims, Treaty, case law, business, media, First Nations, Inuit, Metis organizations, and a gateway to many Native American sites.
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Aboriginal Nationhood and the Inherent Right to Self-Government

Alternate Title
Research Paper (National Centre for First Nations Governance)
Research Paper for the National Centre for First Nations Governance
Documents & Presentations
Author/Creator
Gordon Christie
Description
Looks at how the law can assist with the development of self-government rights.
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Aboriginal People and Taxation

Alternate Title
[Background Paper (Research Branch, Library of Parliament)] ; BP-309E
Documents & Presentations
Author/Creator
Elaine Gardner-O'Toole
Description
Brief discussion of legislative framework, exemptions from federal, provincial, and municipal taxation, and pertinent court cases.
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Aboriginal Peoples and Canadian Criminal Law: Rethinking Justice

Articles » Scholarly, peer reviewed
Author/Creator
P.A. Monture-Okanee
M.E. Turpel
Patrick Macklem
Noel Lyon
A. Wayne MacKay
Bruce H. Wildsmith
Donna Greschner
University of British Columbia Law Review, Special Edition: Aboriginal Justice, 1992, pp. [239]-279
Description
Various contributors give the "Aboriginal perspective" on the current applications of the Criminal Code, workings of the justice system in general, and required improvements.
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The Aboriginal Right to Cultural Property

Alternate Title
Part I: Cultural Protection: The Story of a Saanich Bowl
Articles » Scholarly, peer reviewed
Author/Creator
Patrick Walker
Clarine Ostrove
University of British Columbia Law Review, Special Issue: Material Culture in Flux: Law and Policy of Repatriation of Cultural Property, 1995, pp. [13]-28
Description
Article outlines one possible legal response to the imminent export of a scared object under the Cultural Property Export and Import Act.
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Aboriginal Rights and Canadian Sovereignty: An Essay on R. v. Sparrow

Articles » Scholarly, peer reviewed
Author/Creator
Michael Asch
Patrick Macklem
Alberta Law Review, vol. 29, no. 2, 1991, pp. 498-517
Description
Assessment of the Sparrow case in light of the two competing theories of Aboriginal rights; contingent rights requiring state action for their existence and inherent rights rooted in Aboriginality.
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Aboriginal Rights and Title in Canada after Delgamuukw: Part Two: Anthropological Perspectives on Rights, Tests, Infringement & Justification

Alternate Title
Anthropological Perspectives on Rights, Tests, Infringement and Justification
Articles » Scholarly, peer reviewed
Author/Creator
Brian Thom
Native Studies Review, vol. 14, no. 2, 2001, pp. 1-42
Description
Reviews the 1997 Delgamuukw decision by the Supreme Court of Canada critical to determining the nature and extent of Aboriginal rights and title; and provides insight into the anthropological and legal approaches to title and rights.
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Aboriginal Rights In / And Canadian Society: A Syewen Case Study

Articles » Scholarly, peer reviewed
Author/Creator
Claude Denis
International Journal of Canadian Studies, no. 14, Citizenship and Rights, Fall, 1996, pp. [13]-35
Description
Looks at the case Peters v. Campbell regarding the Coast Salish Aboriginal initiation tradition and the Nisga'a treaty. Scroll down to page 13 to read article.
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