Case Law

Book review of: I Have Lived Here Since the World Began by Arthur J. Ray.

Looks at relationships between Aboriginal people and Euro-Americans on the northern coast of Washington Olympic Peninsula and the trial of Mary Phillips, Xwelas, for killing her husband George Phillips.

Law Thesis (Ph.D.)--York University, 2012.

Case involving eight individual members of the Micmac, Maliseet, Penobscot, and Passamaquoddy Indian tribes and the Indian Township Passamaquoddy Basket Cooperative, Inc. asking for a judgement on exemptions from customs duty goods brought from Canada to the United States for individual use, as well as the Cooperative. Judgement was also asked with respect to Canadian-born individuals being exempt from immigration laws requiring registration and visa requirements.

Looks at three types of entities: tribal chartered businesses, tribally owned business, and section 17 corporations.

Education Thesis (Ed.D.)--Arizona State University, 2001.

General discussion of the issue of Aboriginal tenure, and through an examination of treaties between the Micmaq, Wabenaki Confederacy and the British Crown asserts that Aboriginal title has not been extinguished in Atlantic Canada. Excerpted from Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision.

Webinar covers background to the child-first principle, progress in implementation, Federal and provincial governments' operational narrowing of its application and refusal to acknowledge cases, Pictou Landing Band Council (PLBC) & Maurina Beadle v. Canada, court rulings, and description of study which will collect systems information. Duration: 1:15:59.

Discusses First Nations land use planning; and looks at how the Lil’wat Nation is implementing aspects of its land use plan by taking advantage of provincial strategic planning initiatives.

Looks at institutional arrangements created by the Agreement and how they affect harvesting rights, management of wildlife and habitat, wildlife research, and assessment of environmental impacts of development. Gives special attention to wildlife co-management mechanisms which represent interests of both government and the Inuvialuit.

Overview of the content, meaning and limitations of Aboriginal title.

Report prepared for Insight Information's conference Aboriginal Oil and Gas: Preparing and Planning for the Next Wave of Resource Development Projects, April 24-25, 2006, Edmonton, Alberta. With additional comments on: Haida Nation v. British Columbia and Taku River Tlingit First Nation v. British Columbia

Presents the background to the Blackwater v. Plint case, which was about the harm done to children at the Alberni Indian Residential School and the implications of this decision for the United Church of Canada.

Views of an anthropologist not involved in the case as to why expert testimony was mainly discounted by the judge.

Looks at the issue of equitable remedies into the field of Native American land claims.

Examines how cultural ethnocentrism has influenced the interpretation of law and the maintenance of colonial control over Indigenous North Americans.

Book review of: In the Courts of the Conqueror by Walter R. Echo-Hawk.

Special Indivdualized Program Thesis (Ph.D.)--Concordia University, 2011.

International Studies Thesis (M.A.)--University of Northern British Columbia, 1996.

Looks into the Indian Act and calls for an immediate amendment of the status provisions.

Overview of legal decisions significant to Aboriginal peoples.

Political Science Thesis (Ph.D.)--University of Arizona, 1983.

Respondent challenges the judgment of the Court of Appeals which terminated her parental rights to her son.

"This working paper covers three areas of law concerning the equitable defenses of laches, acquiescence, and impossibility."

Brief history of the ICC (Indian Claims Commission) from 1995 and the Apsassin case to the year 2004. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Northwest Territories Court of Appeal denied land claims based on Treaty 8 and 11.

Book review of: Indian Education in Canada edited by Jean Barman, Yvonne Hebert, Don McCaskill.

Historical overview of fishing rights in the United States and 1991 Juanita Denny case decision, which challenged limitations on Treaty fishing rights

Legal history of gambling, the passing of the Indian Gaming Regulatory Act and why the United States has a problem with the management of Native American gaming.

Book review of: Indian Given by Maria Josefina Saldaña-Portillo.

Looks at federal and provincial laws regarding Indian hunting rights on and off reserve, natural resources transfer Agreements, permitted methods and purpose of hunting, and Inuit and non-status Indian rights.

Argues that a consistent, fair, and equitable policy of land restoration, in the United States, is the only way to resolve Indigenous land claims.

Extensive list of resources dealing with Canada and United States.

Brief comments on stories from United States regarding law cases, the economy, a reality show, and a facebook incident.

Indian leaders meet over constitutional difficulties.

Looks at colonial government perceptions of Aboriginal women and how this affected the court case of Santa Clara Pueblo v. Martinez.

Book review of: Indian Reserved Water Rights by Jill E. Martin.

American Indian Studies Thesis (M.A.)--University of Arizona, 1989.

An analysis of hunting & fishing rights, the role courts play in the litigation of treaties and the cultural roots of the conflicts at hand.

Examines the 1896 law case Ward v. Race Horse which brought in new doctrines that constricted treaty rights, elevating State's rights above Federally sanctioned treaty rights.

Describes events in a class-action lawsuit filed in 1996 against the U.S. Government seeking an accounting of monies held in trust for Native Americans since the late 19th century.

Paper surveys the impacts of the war on poverty, drugs and terror on Native Americans.

Examination of the rights of Aboriginal people of Alberta, Saskatchewan and Manitoba regarding the use and control of water on reserve lands.

Looks at a number of cases in the Canadian courts involving traditional First Nations kinship systems.

Searches for a legal mechanism for Indigenous human rights in relation to the failure of the Canadian Bill of Rights to protect Aboriginal women.

Reviews, compares and analyzes the rights held in the past and up to 1988 in the three jurisdictions.

Explains that section 87 of The Indian Act has been interpreted as exception from income tax, but Nowegijick v. The Queen held that section 87 did not exempt people from income tax.