Case Law

Displaying 151 - 200 of 1381

B.C. Indians Claim Compensation

Articles » General
Saskatchewan Indian, vol. 3, no. 7, July 1972, p. 6
Union of Chiefs receive no comment from Prime Minister Trudeau and Jean Chretien about a claim for compensation for the loss of their lands since the decision on the Nishga Tribal Council's court case is still in the courts.
Login or Register to create bookmarks.

Backgrounder: Self-determination & Free, Prior and Informed Consent: Understanding the United Nations Declaration on the Rights of Indigenous Peoples

Alternate Title
Backgrounder: Self-determination and Free, Prior and Informed Consent: Understanding the United Nations Declaration on the Rights of Indigenous Peoples
Documents & Presentations
Author/Creator
Coalition for the Human Rights of Indigenous Peoples

Brief discussion of the right to self-determination in the Declaration, international and Canadian constitutional law, the Delgamuukw, Haida Nation and Tsilhqot’in decisions, and how they impact questions about construction of new oil and gas pipelines

Login or Register to create bookmarks.

[Backgrounder: Supreme Court of Canada Decision: Corbiere]

Alternate Title
[Frequently Asked Questions Concerning the Corbiere Decision
Documents & Presentations
Author/Creator
Department of Indian Affairs and Northern Development
Court's ruling dealt specifically with voting rights of off-reserve band members. Scroll down to read article.
Login or Register to create bookmarks.

Bazley v. Curry, [1999] 2 S.C.R. 534

Alternate Title
Bazley v. Curry, [1999] 2 Supreme Court Reports 534
Bazley v. Curry: File No.: 26013
Documents & Presentations
Author/Creator
Supreme Court of Canada
Looks at a case that determined whether a non-profit children's foundation was liable for one of their employees who sexually abused children while in the residential care facility.
Login or Register to create bookmarks.

Bearing and Sharing the Duty to Consult and Accommodate in the Grey Areas in Consultation: Municipalities, Crown Corporations and Agents, Commissions, and the Like

Documents & Presentations
Author/Creator
Nancy Kleer
Lorraine Land
Judith Rae
Looks at role of tribunals in reference to Rio Tinto Alcan Inc. et al. v. Carrier Sekani Tribal Council and the implication of this decision on roles of various commissions. Paper from the Canadian Institute Conference held February 24, 2011.
Login or Register to create bookmarks.

Behind the Blockades

Articles » Scholarly, peer reviewed
Author/Creator
Val Napoleon
Indigenous Law Journal, vol. 9, no. 1, 2010, pp. 1-51
Relates stories involving the Gitksan in northern British Columbia.
Login or Register to create bookmarks.

Best Practices for Consultation and Accommodation

Documents & Presentations
Author/Creator
Meyers Norris Penny
Guide provides Aboriginal perspective on "consultation in good faith" and outlines practices needed to gain positive results for First Nations in British Columbia.
Login or Register to create bookmarks.

Best Practices for Consultation and Accommodation: Moving to Informed Consent

Documents & Presentations
Author/Creator
Brian Payer
Michael Bonshor
Practices based on experiences shared by First Nations leaders and managers, lawyers specializing in Indigenous law, and previous reports. Primary focus is British Columbia, but information generally applies across Canada. Updated version of Best Practices for Consultation and Accommodation by MNP.
Login or Register to create bookmarks.

Bill C-9: An Act respecting the election and term of office of chiefs and councilors of certain First Nations and the composition of council of those First Nations

Alternate Title
Legislative Summary (Parliamentary Information and Research Service) ; 41-2-C9-E
Legislative Summary of Bill C-9
Documents & Presentations
Author/Creator
Tonina Simeone
Shauna Troniak
Provides background information including current methods of leadership selection, the Indian Act electoral framework, custom elections, federal role in First Nations elections, and pertinent court cases, followed by description and analysis of clauses in the proposed legislation.
Login or Register to create bookmarks.

Bill S-3: A Rushed Response to Descheneaux

Documents & Presentations
Author/Creator
Elysa Hogg

Bill introduced to comply with Court's decision in Descheneaux et al., v. Canada (Attorney General), which found current <i>Indian Act</i> violated equality provisions of the Canadian Charter of Rights and Freedoms. Court case involved eligibility for Indian Status.

Comments on the proposed Act rather than the final version.

Login or Register to create bookmarks.

Bill S-3: An Act to amend the Indian Act (elimination of sex-based inequities in registration)

Alternate Title
Legislative Summary (Parliamentary Information and Research Service) ; 42-1-23-E
Documents & Presentations
Author/Creator
Norah Kielland
Marlisa Tiedemann
Bill introduced to comply with Superior Court of Quebec's decision in Descheneaux c. Canada which found current Act violated equality provisions of the Canadian Charter of Rights and Freedoms.
Login or Register to create bookmarks.

The Binary of Meaning: Native/American Indian Media in the 21st Century

Articles » Scholarly, peer reviewed
Author/Creator
Meta G. Carstarphen
John P. Sanchez
Howard Journal of Communication, vol. 21, no. 4, Special Forum: American Indians and the Media, November 2010, pp. 319-327
Looks for significant changes through a narrative framework and uses the example of Cobell v. Salazar. Suggests six themes for future research.
Login or Register to create bookmarks.

The Birth of an Activist: Fred Mahone and the Politicization of the Hualapai, 1918 to 1923

Articles » Scholarly, peer reviewed
Author/Creator
Christian McMillen
American Indian Culture and Research Journal, vol. 27, no. 1, 2003, pp. 33-60
Tells part of the story of the landmark Supreme Court case United States, as Guardian of the Hualapai Indians of Arizona v. Santa Fe Pacific Railroad Co. (1941) and looks closely at a brief period in Mahone’s life, one in which he went from student to soldier to activist.
Login or Register to create bookmarks.

Blackwater v. Plint, [2005] 3 S.C.R. 3, 2005 SCC

Alternate Title
Frederick Leroy Barney Appellant and Her Majesty The Queen in Right of Canada, As Represented By The Minister Of Indian Affairs and Northern Development, and the United Church of Canada Respondents vs. Her Majesty The Queen in Right of Canada...
Documents & Presentations
Author/Creator
Supreme Court of Canada
Deals with compensable harms done to former students of the Alberni Indian Residential School and vicarious liability of the part of the United Church of Canada.
Login or Register to create bookmarks.

Blockades or Breakthroughs? Aboriginal Peoples Confront the Canadian State

Book Reviews
Author/Creator
Sarah Nickel
BC Studies, no. 191, Autumn, 2016, pp. 165-167
Book review of: Blockades or Breakthroughs? Aboriginal Peoples Confront the Canadian State edited by Yale D. Belanger and P. Whitney Lackenbauer. Entire book review section on one pdf. To access this review scroll to p. 165.
Login or Register to create bookmarks.

Blood, Lies, and Indian Rights: TCUs Becoming Gatekeepers for Research

Articles » General
Author/Creator
Juan A. Avila Hernandez
Tribal College Journal of American Indian Higher Education, vol. 16, no. 2, Tribal College Research, Winter, 2004
Exposes an incident where 200 people gave blood to aid research into their diabetes epidemic; the samples were also used to do research into Havasupai genes and schizophrenia, inbreeding, and the Bering Strait theory without their consent. The Havasupai people filed a lawsuit against the Arizona State University for intentional deception.
Login or Register to create bookmarks.

Blood Tribe / Kainaiwa Big Claim Inquiry

Documents & Presentations
Author/Creator
Indian Claims Commission
Concludes that, although a reserve in the Blood Tribe’s home base was not formally set aside by Treaty 7, a joint reserve along the Bow River was set aside for the Blood Tribe, the Blackfeet, and the Peigan. This reserve should be located within the Blood Tribe's territory subject to the terms of Treaty 7. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Login or Register to create bookmarks.

Blueberry River Indian Band v. Canada (Department of Indian Affairs and Northern Development), [1995] 4 S.C.R. 344

E-Books » Chapters
Author/Creator
Supreme Court of Canada
Supreme Court Report
Looks at the validity of surrender of reserve land and the nature of the duty of the Crown prior to surrender. Supreme Court Reports at page 344 to 409. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Login or Register to create bookmarks.

[Book Review]

Book Reviews
Author/Creator
Michael Kew
Canadian Journal of Sociology, vol. 21, no. 4, Autumn, 1996, pp. 577-579
Book review of: Unjust Relations: Aboriginal Rights in Canadian Courts edited by Peter Kulchyski.
Login or Register to create bookmarks.

Book Review

Book Reviews
Author/Creator
Mark Mercer
Canadian Journal of Native Studies, vol. 18, no. 1, 1998, pp. 193-197
Book review of: Standing Bear and the Ponca Chiefs by Thomas Henry Tibbles.
Login or Register to create bookmarks.

Book Review: Law and Aboriginal Peoples in Canada

Alternate Title
Canadian Legal Studies Series
Book Reviews
Author/Creator
D.L. Birchfield
The Journal of Aboriginal Economic Development, vol. 3, no. 1, Special Issue on Sustainability, Summer, 2002, pp. 101-102
Book review of: Law and Aboriginal Peoples in Canada, 4th edition by David W. Elliott.
Login or Register to create bookmarks.

Book Reviews

Book Reviews
Author/Creator
Christopher Paci
Canadian Journal of Native Studies, vol. 17, no. 1, pp. 175-177
Book review of: The Campo Indian Landfill War: The Fight For Gold in California's Garbage by Dan McGovern.
Login or Register to create bookmarks.

Book Reviews

Book Reviews
Author/Creator
Various authors
Canadian Journal of Native Studies, vol. 18, no. 2, 1998, pp. 375-385
Book reviews of 5 books: Myths and Legends of the Pacific Northwest edited by Katharine Berry Judson. Trading Beyond the Mountains: The British Fur Trade on the Pacific, 1793-1843 by Richard S. Mackie. Tribal Boundaries in the Nass Watershed by Neil J. Sterrit et al. The Spirit of the Land: Statements of the Gitksan and Wet'suwet'en Chiefs in the Supreme Court of British Columbia 1987-1990 by Wa Gisday and Elgam Uukw. Flowers on My Grave: How an Ojibwa Boy's Death Helped Break the Silence on Child Abuse by Ruth Teichroeb.
Login or Register to create bookmarks.

Book Reviews:

Book Reviews
Author/Creator
Alfred Fisher
David J. Norton
Patricia Skidmore
Radolfo Piño-Robles
Eleanor M. Blain
Kenichi Matsui
P. Dawn Mills
John S. Long
Susan Berry
Thomas S. Abler
David J. Norton.
Canadian Journal of Native Studies, vol. 19, no. 2, 1999, pp. 381-404
Book reviews of: Legends of our Times: Native Cowboy Life by Morgan Baillargeon and Leslie Tepper. The World Turned Upside Down: Indian Voices from Early America by Conlin Callway (Editor). Women in Trouble: Connecting Women's Law Violations to Their Histories of Abuse by Elizabeth Cormack. Leonard Bloomfield's Fox Lexicon: Critical Edition by Ives Goddard (Editor). White Man's Law: Native People in Nineteenth-Century Canadian Jurisprudence by Sidney L. Harring.
Login or Register to create bookmarks.

[Book Reviews]

Book Reviews
Author/Creator
Lesley McBain
Native Studies Review, vol. 12, no. 2, Aboriginal Peoples and National Rights Issues in Quebec, 1999, pp. 151-153
Review of: Pleasure of the Crown by Dara Culhane.
Login or Register to create bookmarks.

[Book Reviews]

Book Reviews
Author/Creator
Nan McBlane
Native Studies Review, vol. 12, no. 2, Aboriginal Peoples and National Rights Issues in Quebec, 1999, pp. 147-149
Review of: We are Not You: First Nations and Canadian Modernity by Denis Claude.
Login or Register to create bookmarks.
Subscribe to Case Law