Case Law

Displaying 501 - 550 of 1381

First Nations and Self-Government: A Matter of Trust

Articles » Scholarly, peer reviewed
Author/Creator
Don J. Manderscheid
Canadian Journal of Law and Society, vol. 22, no. 1, 2007, pp. 109-121
Description
Examines the fiduciary obligations between band councils and band members and argues that the current municipal model of band government is inadequate.
Login or Register to create bookmarks.

First Nations and the Resource Future: The Path to Economic Partnership

Alternate Title
North at Trent 2015 Lecture Series
Saskatchewan First nations and the Province s's Resource Future
Media » Film and Video
Author/Creator
Perry Bellegarde
Description
National Chief of the Assembly of First Nations discusses Saskatchewan's current resource-based boom, necessity for collaboration, and impact and benefit agreements with governments and companies. Duration: 2:00:34.
Login or Register to create bookmarks.

First Nations' Interests Well-Served by Charter

Articles » General
Author/Creator
Doug Cuthand
StarPhoenix, April 13, 2007, p. A13
Description
Argues that on the 25th anniversary of the Charter of Rights and Freedoms it's a hard-won piece of legislation and what is missing is follow up by the government to act on the positive aspects of legal victories.
Login or Register to create bookmarks.

First Nations, Métis and Inuit Health Care: The Crown's Fiduciary Obligations

Alternate Title
Discussion Paper Series in Aboriginal Health. Legal Issues ; no. 2
NAHO Discussion Paper Series ; no.2
Documents & Presentations
Author/Creator
Yvonne Boyer
Description
Uses historical analysis to argue that federal government has a clear obligation to provide health care to Aboriginals but has failed to provide adequate services.
Login or Register to create bookmarks.

First Peoples Law 2014

Alternate Title
Making the Ring of Fire a Reality
New Human Rights Museum a Monument to Contradiction
Documents & Presentations
Author/Creator
Bruce McIvor
[Cornelius Wabasse
Erwin Redsky
Cathy Merrick]
Description
Topics include the implications of the Tsilhqot’in and Grassy Narrows decisions, duty to consult, provincial treaty obligations, and proposed federal land claims policy.
Login or Register to create bookmarks.

Fontaine v. Canada (Attorney General), 2014 ONSC 283

Alternate Title
Court File Number: 00-CV-129059
Documents & Presentations
Author/Creator
Ontario Superior Court of Justice
Description
Judgement in case where the Truth and Reconciliation Commission and various other claimants under the Independent Assessment Process brought a suit to force the Canadian government and the Ontario Provincial Police to produce documents relating to abuse of students at St. Anne's Indian Residential School.
Login or Register to create bookmarks.

Fontaine v. Canada (Attorney General): [Factum of Applicants/IAP Claimants Request for Directions Returnable December 17, 2013]

Alternate Title
Court File No. 00-CV-192059
Documents & Presentations
Author/Creator
Fay Brunning
Ben Piper
Description
Case involves Canadian government's failure to disclose documents relating to the Ontario Provincial Police's investigation and resultant convictions during the Independent Assessment Process. These documents would have corroborated stories told by former students about physical and sexual abuse which took place at St. Anne's Indian Residential School.
Login or Register to create bookmarks.

Frequently Asked Questions: Gender Equity in Indian Registration Act

Alternate Title
[Frequently Asked Questions - Engagement Process - Amendments to the Registration Provisions of the Indian Act As per the Court of Appeal for British Columbia's Decision in the Sharon McIvor Litigation]
Documents & Presentations
Author/Creator
Indian and Northern Affairs Canada
Description
Answers questions regarding new amendments to the Indian Act in the wake of the ruling of McIvor v. Canada (Registrar of Indian and Northern Affairs).
Login or Register to create bookmarks.

From a Jurisprudence of Regret to a Regrettable Jurisprudence: Shaping Native Title from Mabo to Ward

Articles » Scholarly, peer reviewed
Author/Creator
Alex Reilly
Murdoch University Electronic Journal of Law, vol. 9, no. 4, December 2002
Description
Argues that there is room in Australian common law for a much stronger concept of Native title, and that the High Court has a responsibility to develop Native title in line with the principles of justice that motivated the Mabo case.
Login or Register to create bookmarks.

From Consultation to Reconciliation: Aboriginal Rights and the Crown's Duty to Consult

Articles » General
Author/Creator
Sonia Lawrence
Patrick Macklem
Canadian Bar Review, vol. 79, no. 1, February 2000, pp. 196-224
Description
Argues that the Crown has a repsponsility to make good faith efforts to negotiate agreements specifiying the rights of the parties when it engages in actions which effect Aboriginal interests so that disputes do not end up in litigation.
Login or Register to create bookmarks.

From Expert to Acolyte: Learning to Understand the Environment from an Anishinaabe Point of View

Articles » Scholarly, peer reviewed
Author/Creator
Leanne R. Simpson
Paul Driben
American Indian Culture and Research Journal, vol. 24, no. 3, 2000, pp. 1-19
Description
Explains how to conduct land use research studies that meet the demands of academic requirements and simultaneously respects the Aboriginal communities participating. The article focuses on one specific example, that of the Long Lake First Nation.
Login or Register to create bookmarks.

General Synod to Appeal Residential School Decision

Articles » General
Author/Creator
Kathy Blair
Anglican Journal, vol. 125, no. 10, December 1999, p. 1
Description
Anglican church to appeal B.C. Supreme Court decision that held church liable for 60 per cent of settlement for sexual abuse that took place at St. George's Indian Residential School in Lytton, B.C.
Login or Register to create bookmarks.

The Gladue Decision

Media » Film and Video
Author/Creator
BearPaw Media Productions
Description
Video looks at the landmark decision by the Supreme Court of Canada, one that decreed that judges must take into account the unique circumstances of Aboriginal people when passing sentence on Aboriginal offenders. Discussion includes the original intent, conflicting opinions about it, opportunities it presents, and the work involved in upholding it.
Login or Register to create bookmarks.

Gladue Primer

Documents & Presentations
Author/Creator
Jay Istvanffy
Description
Basic information on the court decision which gives Aboriginals special rights in terms of setting bail or during sentencing when they commit a crime.
Login or Register to create bookmarks.

Gladue Sentencing Principles

Web Sites » Organizations
Author/Creator
Tripartite Working Group of the National Aboriginal Court Worker Program
Description
"This curriculum is developed for the purposes instructing Aboriginal Court Workers on how to integrate Gladue Principles into speaking to sentence for an Aboriginal client."
Login or Register to create bookmarks.

Gladue: The Judicial and Political Reception of a Promising Decision

Articles » Scholarly, peer reviewed
Author/Creator
Kent Roach
Jonathan Rudin
Canadian Journal of Criminology, vol. 42, no. 3, July 01, 2000, pp. 355-388
Description
Discusses Supreme Court of Canada (SCC) ruling that requires judges to consider the "circumstances of Aboriginal offenders." Author concludes that while the ruling is positive, it is unlikely to decrease the overrepresentation of Aboriginals in the penal system.
Login or Register to create bookmarks.