Displaying 701 - 750 of 1385

Is Native Title a Proprietary Right?

Articles » Scholarly, peer reviewed
Author/Creator
Janice Gray
Murdoch University Electronic Journal of Law , vol. 9, no. 3, September 2002
Description
Examines whether or not native title is proprietary right, and looks at the landmark case Mabo v. Queensland.
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Is the Crown at War with Us?

Media » Film and Video
Author/Creator
Alanis Obomsawin
Description
Looks at conflict between Federal fishery officers fought against the Mi'gmaq fishermen of Esgenoopetitj, or Burnt Church, New Brunswick during the summer of 2000. Duration: 96:31. This film contains scenes of violence. Viewer discretion is advised.
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The Issue of Indigenous Underrepresentation in Canadian Criminal Juries

Alternate Title
AP-LS News ; June 2017
Documents & Presentations
Author/Creator
Logan Ewanation
Evelyn M. Maeder
Jane Dickson
Description
Brief discussion of R v. Kokopenace, racial bias in jury decision-making, similarity-leniency bias, racial composition of juries and structural barriers which contribute to underrepresentation.
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Jim Crow, Indian Style

Articles » Scholarly, peer reviewed
Author/Creator
Orlan J. Svingen
American Indian Quarterly, vol. 11, no. 4, Autumn, 1987, pp. 275-286
Description
Looks at the disenfranchisement of Indigenous people in Big Horn County, Montana and the subsequent lawsuit during the 1980's.
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John Connolly, plaintiff vs. Julia Woolrich, defendant and Thomas R. Johnson, et al., executors and defendants par reprise d'instance

Alternate Title
Superior Court. Montreal ; no. 902
Documents & Presentations
Author/Creator
John Connolly
Juia Woolrich
Description
At question was legality of marriage "in the custom of the country". William Connolly was an employee of the Hudson's Bay Company who, when he retired, abandoned his Cree wife and family. He then married another woman and left his entire estate to her. His son sued for half the estate, claiming that his parents had been legally married and never divorced. Judge found in his favour.
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Jordan's Principle: Canada's Broken Promise to First Nations Children?

Articles » Scholarly, peer reviewed
Author/Creator
Cindy Blackstock
Paediatrics & Child Health, vol. 17, no. 7, Healing Winds: Aboriginal Child and Youth Health in Canada, Aug./Sept. 2012, pp. 368-370
Description
Summarizes the child-first principle, raises questions about the Federal Government's interpretation and implementation of the policy, and gives brief description of the Maurina Beadle and Pictou Landing Band Council v. Attorney General of Canada case.
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Journalistic Rhetoric and Orientalism: Attempts at Influencing Federal Indian Policy and Rule-Making on the Taking of Eagles

Articles » General
Author/Creator
Margaret Mortensen Vaughan
Indigenous Policy Journal, vol. 19, no. 1, Spring, 2008
Description
Examines environmental journalism strategies of demonizing, orientalizing, essentializing and exaggerating Indigenous peoples as an argumentative strategy to influence readers in the struggle against policies and proposed rule changes that supports Indigenous cultural practices. Scroll down to access article.
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Judge Rules against Indian Registrar

Articles » General
Author/Creator
Paul Barnsley
Windspeaker, vol. 25, no. 3, June 2007, p. 9
Description

Discusses B.C. case where complainant, a First Nations woman who took legal action against the Indian Registrar to regain her Indian status, felt that Section 6 was unconstitutional and contrary to the Canadian Charter of Rights and Freedoms.

Entire issue on one pdf. To access article scroll to p.9.

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Judicial Attitudes and Differential Treatment: Native Women in Sexual Assault Cases

Articles » Scholarly, peer reviewed
Author/Creator
Margo L. Nightingale
Ottawa Law Review, vol. 23, no. 1, 1991, pp. 71-98
Description
Argues that impartiality is impossible when judge's personal biases are viewed as objective reality. Draws on 69 cases (47 from the Northwest Territories) to demonstrate instances where this has occurred and discusses impact on victim..
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Judicial Attitudes to Aboriginal Resource Rights and Title

Articles » General
Author/Creator
Nigel Bankes
Resources (Canadian Institute of Resources Law), vol. 13, December 1985
Description
Comments on several aboriginal title cases and provides a statement of facts for each case, followed by a review of the different tests applied.
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Judicial Decisions: Shoshone Indians v. United States

Articles » Scholarly, peer reviewed
Author/Creator
Supreme Court of the United States
American Journal of International Law, vol. 39, no. 4, October 1945, pp. 818-839
Description
In 1945 the USSC (Supreme Court of the United States) considered the Treaty of 1835 and held Indian Treaties are to be interpreted according to their "tenor and intent" and not to be otherwise construed "to remedy alleged injustices."
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Judicial Treatment of Indigenous Land Rights in the Common Law World

Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
CLPE Research Paper Series, vol. 04, no. 05, 2008, pp. ii, 1-37
Description
Examines the sources, content and proof of land rights of Indigenous peoples in the United States, Canada, Australia and New Zealand from the common law perspective. Allow time for the link to download the article.
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The Jurisdiction of Inherent Right Aboriginal Governments

Alternate Title
Research Paper (National Centre for First Nations Governance)
Research Paper for the National Centre for First Nations Governance
Documents & Presentations
Author/Creator
Kent McNeil
Description
Overview of issues relating to jurisdiction, governance and inherent rights.
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Jurisdiction: Zoning

Articles » Scholarly, peer reviewed
American Indian Law Review, vol. 8, no. 1, 1980, p. 189
Description
Brief description of the Trans-Canada Enterprises, Ltd. v. Muckleshoot Indian Tribe, No. C78-3597 (9th Cir., Dec. 24, 1980) case involving enforcement of a tribal business licensing ordinance.
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The Jurisprudence of Reconciliation: Aboriginal Rights in Canada

E-Books » Chapters
Author/Creator
Mark D. Walters
Description
Examines whether the Canadian judiciary system is capable of furthering reconciliation through interpretation of legal rights and duties. Chapter eight in: The Politics of Reconciliation in Multicultural Societies edited by Will Kymlicka and Bashir Bashir.
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Jurisprudence, Peyote and the Native American Church

Articles » Scholarly, peer reviewed
Author/Creator
Paul E. Lawson
Jennifer Scholes
American Indian Culture and Research Journal, vol. 10, no. 1, 1986, pp. 13-27
Description
Examines the historical repression experienced by Native Americans who used peyote and their responses to it.
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Jurisprudential Challenges

Alternate Title
The Other Declarations in Daniels: Fiduciary Obligations and the Duty to Negotiate
[Daniels: In and Beyond the Law]
[History, Jurisdiction, and Identity in Daniels v Canada]
[The Chicken and the Egg: Unanswered Questions from Daniels
Media » Film and Video
Author/Creator
Eric Adams
Catherine Bell
Paul Seaman
Description
Three presenters discuss the Daniels decision: First looks at the decision in terms of history, jurisdiction, and identity and citizenship; second analyzes the reasons given by the court for denying two declarations that were sought in the case; and third discusses problem of who can legitimately decide if someone is part of the Métis collective. Duration: 1:08:05. Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.
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Justice and the Colonial Collision: Reflections on Stories of Intercultural Encounter in Law, Literature, Sculpture and Film

Articles » General
Author/Creator
Rebecca Johnson
No Foundations, vol. 9, 2012, pp. 68-96
Description
Approaches the case of R v. Kikkik using three different stories of encounter: the trial transcript on statement given by Kikkik, the narrative account in a book by Farley Mowat's The Desperate People, three Inuit sculptures carved by Peggy Ekagina, and the documentary film Kikkik.
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Justice and the Outsider: Juristiction over Non-Members in Tribal Legal Systems

Alternate Title
University of Conneticut School of Law Articles and Working Papers. Paper 16
Documents & Presentations
Author/Creator
Bethany R. Berger
Description
Discusses the assumptions made by the Supreme Court in the United States, when reaching its decisions regarding the powers of Tribal courts, and the views of Native Americans on reservations about those assumptions.
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Kennecott Eagle Mineral Project and the Need for a Michigan Religious Freedom Restoration Act

Alternate Title
Indigenous Law & Policy Center Occasional Paper Series
Indigenous Law & Policy Center Working Paper ; 2010-06
Documents & Presentations
Author/Creator
Adrea M. Korthase
Indigenous Law & Policy Center Working Paper
Description
Discusses the decision to issue mining permits, recent Supreme Court cases and the battle for religious freedom even under the Religious Freedom Restoration Act (RFRA).
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Keynote on the Settlement Agreement

Alternate Title
Assessing the Indian Residential Schools Litigation and Settlement Processes, Session 4
Media » Film and Video
Author/Creator
Frank Iacobucci
Description
Session Four from public conference Assessing the Indian Residential Schools Litigation and Settlement Processes held Friday, January 18, 2013 at the University of Toronto. Keynote speaker talks about handling the settlement. Duration: 55.29.
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Kruger and al. v. The Queen, [1978] 1 S.C.R. 104

Alternate Title
Kruger and al. v. The Queen, [1978] 1 Supreme Court Reports 104
Documents & Presentations
Author/Creator
Supreme Court of Canada
Description
Case regarding the shooting of a deer during closed season. This case deals with the Wildlife Act of 1966 and the Indian Act of 1970.
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L. (H.) v. Canada (Attorney General)

Web Sites » Organizations
Author/Creator
The Court of Appeal for Saskatchewan
Description
Sexual battery. Resident of Gordon's Indian Reserve brings charges against William Star and the Government of Canada. (Docket: 336 SKCA 131)
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Lament for a First Nation: The Williams Treaties of Southern Ontario

Book Reviews
Author/Creator
Greg Marquis
Law and Politics Book Review, vol. 18, no. 11, November 16, 2008, pp. 994-997
Description
Book review of: Lament for a First Nation: The Williams Treaties of Southern Ontario by Peggy J. Blair. This book discusses the R. v. Howard court case. (R. v. Howard [1994] 2 Supreme Court Reports 2999).
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Land Claims [Part One]

Alternate Title
Métis Land: Rights and Scrip Conference
Métis Scrip: A Claim Against the Crown
The Need for a Unique Métis Claims Process - Minister's Special Representative Report (2016) on Métis Section 35 Rights
Media » Film and Video
Author/Creator
Thomas Isaac
Zachary Davis
Description
Two presentations: "The Need for a Unique Métis Claims Process - Minister's Special Representative Report (2016) on Métis Section 35 Rights" and "Métis Scrip: A Claim Against the Crown". Followed by question and answer period. Duration: 1:54:44.
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