Case Law

Looks at the extent of Provincial jurisdiction to infringe on Aboriginal title for the purpose of resource development.

Brief plain language descriptions of cases and the significance of the decisions.

Examines Aboriginal issues pertinent to the development of oil and gas reserves within Alberta, such as unresolved First Nations Treaty and land claim issues and federal and provincial requirements for consultation on treaty and fiduciary obligations.

Discusses incorporating individual experiences and circumstances into discussions of collective self-determination and what strategies are needed to move forward.

Political Science Thesis (M.A.)--Dalhousie University, 1996.

Public Policy Thesis (M.P.P.)--Simon Fraser University, 2013.

Law Thesis (LL.M.)--University of Alberta, 1996.

Argues that Aboriginal spirituality is legally constructed outside of the boundaries of religious freedom and discusses problems faced by religious minorities in a Christian dominated society.

Discusses the tests used by the Supreme Court of Canada to determine whether Aboriginal title exists. Uses the Delgamuukw v. British Columbia case as example of the principle of first occupancy. Duration: 7:17.

Focuses on Aboriginal rights and title to land in light of recent decisions by the Supreme Court of Canada.

Discussion of the ramifications of the Supreme Court of Canada's decision in Tsilhqot’in Nation v. British Columbia. Chapter 17A from Proceedings of the 61st Annual Rocky Mountain Mineral Law Institute published by the Rocky Mountain Mineral Law Foundation.

Panel discussion with Jay Nelson, Krista Robertson and John Burrows on the Tsilhqot'in Nation v BC Supreme Court decision. Duration: 1:59:07.

Chapter from: Annual Review of Civil Litigation 2008 edited by Todd L. Archibald, Randall Scott Echlin. Looks at Aboriginal title, rights and legal obligations.

Comments on the Delgamuukw decision and how this court case addressed what Aboriginal title is, how title can be proved, and how infringements can be justified.

Looks at changes to inherent limit and extension resulting from the Tsilhqot'in Nation v. British Columbia case. Focuses on changes to provincial jurisdiction over Aboriginal titled lands and land use.

Discussion of the effects of the Delgamuukw decision.

Chapter in book: Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision edited by Owen Lippert. Focuses on definition of Aboriginal title according to the courts, as both a property and constitutional right.

Looks at the significant difference between "Original Title" and "Aboriginal Title"

Case study focuses on the relationship between the forest industry and First Nations' interests in land and natural resource in British Columbia.

Discusses Aboriginal title to land, Indigenous law and common law. Uses the cases of R. v. Marshall and William v. British Columbia for examples.

Produced as a result of dissatisfaction with the Department of Indian and Northern Affairs' engagement process for the development of proposed legislative framework for drinking water in First Nation communities. Looks at three types of water-related rights: water, self-government, and adequate levels of environment protection.

Argues that the Supreme Court of Canada jurisprudence is making a transformation that was unlikely to happen from Charter legislation, but that most of the progress has come about due to political process and will of women.

Only issue published.

Focuses on discriminative aspects of the Indian Act.

Book review of three books: Aboriginal Workers edited by Ann McGrath and Kay Saunders, with Jackie Huggins. Aboriginal Labour and the Cattle Industry by Dawn May. Indians at Work by Rolf Knight. To read review, scroll down to page 75.

Book review of: Aborigines and the Law by John McCorquodale.

Canadian Studies Thesis (M.A.)--Carleton University, 2001.

Sources for statistics, case law and constitutional issues, international law, rights, legislation and policy, law enforcement, prison system, access to legal information, and sociological and background information.

Presents a personal perspective on the access to justice for hearing impaired Inuit population of Nunavut.

Includes discussion of the context of colonization, barriers to justice, needs of survivors, and promising practices and innovative models, as well as a case law review and analysis, and suggestions for moving forward.

Discusses framework of reparations to include the emotional, spiritual, political and social realms all within the context of the particular history of Native peoples. Chapter in book: Reparations: Interdisciplinary Inquiries edited by Jon Miller and Rahul Kumar.

Focuses on the unacknowledged or unrecognized bands or tribes, especially in California, and their legal rights of repatriation that are enforceable through the courts.

Arguments supporting the sentencing or healing circle as a "valid vehicle for reflecting Aboriginal culture and traditions in the criminal justice system." Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Discusses evidence presented by the plaintiffs and the crown concerning culture in the case Delgamuukw v. B.C.

Discusses the broader issue of rights in every area of life and the difficulties in the legislative system with recognizing group rights.

Argues for a bi-national panel to make determinations of historical fact in light of comments from two judges regarding the appropriateness of judicial rulings regarding Aboriginal title.

Comments on case where a non custodial parent used the Indian Child Welfare Act to halt an adoption of an Aboriginal child to non-Aboriginal parents.

Offers an overview of the contours of tribal official immunity in federal, state and tribal courts.

Explains how two Canadian court cases provide support for Aboriginal title, in common law, in Australia.

Issues of land rights and resources litigated in these two important law cases.

Adult Education, Counseling Psychology and Community Development Thesis (Ph. D.)--University of Toronto, 2000.

Examines the potential impact of the landmark decision by the Supreme Court confirming Aboriginal title in British Columbia.

Sociology Thesis (Ph.D.)--York University, 2003.

Discuss the case of two missionaries, Samuel Austin Worcester and Dr. Elizur Butler, arrested for violating Georgian law and the court ruling by Chief Justice John Marshall that Georgia had no right over Cherokee lands within the state.

Looks at critical questions after the decision in Mabo v. Queensland.

Looks at federal and state case law during the century preceding the Indian New Deal of 1934.

After reviewing historical court cases, contends that Native rights are a political question.