Case Law

Discusses the Constitution and Aboriginal rights, challenges in meeting the test for Aboriginal rights, the Aboriginal perspective of irrelevance of arguments based on jurisprudential and liberal arguments, and takes a brief look at possibilities for urban governments to address social issues. Excerpt from Canada: The State of the Federation ; 2003. Entire book on one pdf. To access chapter scroll to p. 93.

Asserts that Canadian Aboriginal and treaty laws should reflect our shared history.

Focuses on positive developments in the areas of self-government, organizational capacity, structures of opportunity, and resistance to oppression.

Reaction to charges laid under the Wildlife Act of Saskatchewan against six Pelican Lake First Nation members who live on Chitek Lake Reserve.

Discusses changes based on the ruling from the McIvor case that found parts of the Indian Act not compliant with the Canadian Charter of Rights and Freedoms.

Discussion of Federal Government's distinctions between on- and off-reserve Aboriginals and how this has affected the distribution of social benefits and programs.

Comments on role women play in removal, how removal affected their lives, and questions whether their views differed from those of men.

Law Thesis (M.L.)--University of Saskatchewan, 2016.

Discusses the crisis of the overrepresentation of Indigenous children in the child welfare system as a direct consequence of the residential school system.

Assembly of First Nations and the First Nations Child and Family Caring Society filed complaint alleging that the Government of Canada is discriminating against children living on reserve by providing less child welfare funding than for other Canadian children.

Provides an overview of the case involving child custody proceedings.

If appeal is successful federal government would have to pay larger share of the settlement in lawsuit involving St.George's Residential School in Lytton, B.C.

Diocese of Cariboo may declare bankruptcy after found negligent in sexual abuse case at Lytton B.C. residential school.

Decision details eight years of abuse inflicted on boys by Derek Clarke and states that principal and bishop must have had knowledge of his actions.

Sociology Thesis (M.A.)--University of Lethbridge, 1999.

Claim on behalf of Aboriginal children removed from their homes (The sixties scoop) in Ontario between 1965 and 1984.

Uses judicial decisions to examine how plaintiffs have fared in tort actions focusing on three issues: credibility, damage assessment and vicarious liability.

Analyzes Aboriginal Rights in the province of British Columbia.

Examines the use of history in Indigenous land rights in Australia through a commentary of the High Court's construction of Native title rights in a specific case.

Historical overview of a murder that suggests two Cherokee legal systems may have existed and not have been consistent with one another.

Reviews important sections from the Supreme Court of Canada decisions in the Haida Nation v. British Columbia and related case Taku River Tlingit First Nation v. Minister of Forests.

Provides clarification of the Canadian law of class actions and gives guidance for anyone considering a class action suit regarding residential school abuse.

"Paper presented at Canadian Aboriginal Law 2007, Pacific Business and Law Institute, November 16, 2007, Ottawa, Ontario". Provides historical and current views, procedural issues and the aboriginal law experiences of class action.

Examines Indian Treaties and section 12 of the Natural Resources Transfer agreements.

Looks at responses from political parties regarding whether Canada should have no-fault compensation for medical mishaps.

Looks at the way courts in Australia and Canada deal with indigenous rights and concludes that Canadian courts do more to preserve rights in the face of Crown grants.

Initiated in response to the Descheneaux decision dealing with denial of status to some members of First Nations due to sexual discrimination. Took place to seek input on implementation of removal of 1951 cut-off from the Indian Act, remaining inequities related to registration and membership and transferring responsibility for membership and citizenship to First Nations. Consisted of community consultations, online survey, regional events and expert panels.

Includes legislative histories of Bill C31, its predecessors and successors, committee reports, United Nations periodic reports, reports and background information from social organizations, domestic and international challenges.

Book review of: The Colonization of Mi'Kmaw Memory and History, 1794-1928: by William C. Wicken.

Book review of The Colonization of Mi'kmaw Memory and History, 1794-1928 by William C. Wicken.

Book review of: Colour-Coded by Constance Backhouse.

Book review of: Colour-coded by Constance Backhouse.

Looks at when to apply duty to consult to address encroachment on Aboriginal rights, title and Treaty rights. Comments on Louis v. British Columbia (Minister of Energy, Mines, and Petroleum Resources, 2013.

History used to provide the court with background information in the case of Bert Horseman who was changed with trafficking in wildlife.

Discusses the Peter Paul case and examines treaty knowledge in the mid 20th Century.

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

Law Thesis (LL.M.)--University of Manitoba, 2001.

Examines the ramifications of Aboriginal peoples' prior occupancy in terms of the legal system brought by the settlers themselves.

Contends that the Delgamuukw decision employed a type of argumentation in which over simplification of language and common sense resulted in a decision based on faulty grounds and inadequate versions of history.

Based on analysis of transcripts of Hirsekorn case in which judges had to render a decision on the Métis identity of the accused and his membership in a rights-holding Métis community.

Law Thesis (PhD)--University of Victoria, 2016.

Looks at the effects of tribal-state Indian gaming on the gaming industry in the U.S. and contends that the industry is not regulated fairly and does not protect Native American sovereignty.

Introduction and table of contents in French, documents in English.

Law Thesis (LL.M)--McGill University, 1999.

Discussion of residential school abuse and the 3,700 lawsuit claims from Saskatchewan.