Case Law

Examines the Mabo decision from the High Court of Australia and its importance as a precedent concerning land claims and Aboriginal title.

Panelists discuss the Daniels case, which is about whether Métis and non-status Indians are included in federal jurisdiction under s. 91(24) of the Constitution Act, 1867. Duration: 1:55:54.

Website contains links to trial transcript, chronology, selected maps, biography, and letters and diary entries introduced as evidence.

Distribution of monies from the first reserve-based commercial casino. Issue, whether "non-band Aboriginal communities" being excluded contravenes the Canadian Charter of Rights and Freedoms.

Deals with aboriginal rights within the context of Canadian law and the court actions of the Lubicon.

Discusses the landmark Australian case, the Mabo decision in the historical context of race relations and reviews issues such as separation of powers doctrine, terra nullius, sovereignty, and Native title.

Book review of: Mabo, the Native Title Legislation edited by M. A. Stephenson. Review located by scrolling to page 249.

Book review of: Making Law, Order, and Authority in British Columbia, 1821-1871 by Tina Merrill Loo.

Examines controversial U.S. Supreme Court decisions that deprived Native American nations of their sovereignty.

Looks at traditional land use research in areas that have known Indigenous interests but unknown location of activities and how the court decision effects site-specific research and practices.

Examines the uncertainty and inconsistencies in regards to federal Native American law in the United States.

Compares testimonies of Drs. Sheila Robinson and Wayne Suttles in the Heiltsuk herring roe fisheries case attempting to show how scholarship can manipulate histories.

Comments on the case Manitoba Métis Federation Inv v Canada (Attorney General), 2013 SCC 14.

Land entitlement court case in which Canada agreed to grant 1.4 million acres of land to Métis children as set out in the Manitoba Act, 1870.

Case involved lands promised in the Manitoba Act, 1870 and the contention that legislation enacted by Manitoba government, which affected implementation of the Act, was not within the province's jurisdiction. Court issued this declaration: "“[t]hat the federal Crown failed to implement the land grant provision set out in s. 31 of the Manitoba Act, 1870 in accordance with the honour of the Crown.”

Manitoba Métis President David Chartrand awaits a Court of Queen's Bench decision that will include issues related to scrip, Métis land and harvesting rights.

Entire issue on one pdf. To access article scroll to p.8.

Book review of: Manitoba's Métis Settlement Scheme of 1870 by Paul L. A. H. Chartrand.

Looks at the continuing struggle of Maori to keep, or regain, treaty rights, with today's lucrative commercial fisheries.

Looks at state policies that are in conflict with Indigenous subsistence rights by examining three case studies of disputes involving protected areas.

Offers an analysis of the Supreme Court of Canada's decision. Appendix A from Taxation and Representation: Non-Native Leaseholders on Indian Reserves.

Looks at equality before the law and legal interpretation of section 15 of the Indian Act amendments.

Argues that the majority opinion in Marshall and Bernard is flawed as it undermines the significance of aboriginal laws as a way of proving Aboriginal title.

Examination and interpretation of the "truckhouse" clause in the Peace and Friendship treaties by the Supreme Court of Canada.

Anthropology Thesis (M.A.)--The University of New Brunswick, 2002.

Looks at the background and context of the decision and its economic, commercial, social and community-wide impact.

American Indian Studies Thesis (Ph.D.)--University of Arizona, 2014.

Looks at three cases which are the constitutional foundation and framework for all American Indian law practiced in the United States.

Political Economy Thesis (M.A.)--Carleton University, 2012.

Federal Court decision concerning claims of the Squamish Indian Band and the Musqueam Indian Band regarding issues arising from surrender and loss of use of the False Creek Indian Reserve, established in 1869.

Reports on results of submissions from, and consultations with, Métis organizations, governments and institutions, and representatives from federal and provincial / territorial governments.

Reviews decisions of Madam Justice Ross of the British Columbia Supreme Court and Justice Groberman of the Court of Appeal.

Looks at the deficiencies of Bill C-31 in addressing gender discrimination and Aboriginal status as amendments to the Indian Act .

Court ruling found that the registration provisions in the Indian Act were unconstitutional as they violated the equality provision of the Charter of Rights and Freedoms.

Discusses Supreme Court of Canada (SCC) ruling on Aboriginal rights in relation to customs, excise, cross- border trade and taxation and attempt of SCC to seek a balance in their determination of limitations set.

Political Economy Thesis (M.A.)--Carleton University, 2010.

Resource Management and Environmental Studies Thesis (M.Sc.)--University of British Columbia, 2017.

Argues that because Canadian courts harbor two misconceptions about Indigenous laws (that they are facts and that they are excessively general) they reject them on the basis that they are not clearly identifiable. Author suggests that analogical reasoning, similar to that used in the application of Common law, with its emphasis relevance would be a more appropriate approach.

Discusses possible legal avenues for addressing the issue of violence. Includes both domestic and international instruments and cites specific cases.

Court cases concerned whether or not registration provisions in section 6 of Indian Act discriminated against women in terms of loosing status.

Discusses the change from historical title governed by Principles of Recognition, to generative right governed by the same principles, but their application has been transformed by common law.

Argues that Metis should be included in the definition of "Indians" in the Constitution Act and therefore fall under federal jurisdiction.

Law Thesis (L.L.M.)--University of Manitoba, 2005.

Law Thesis (M.L.)--The University of British Columbia, 2004.

Provides discussion of the Powley case in which the Ontario Court of Appeal held that Métis are a people with comparable rights to those of First Nations.

Gaudry discusses the concept of Wicihitowin as used to resolve a 19th century conflict between the Métis and the Dakota. Gunn discusses how international law relates to treaties signed with Indigenous peoples in Canada. O'Toole discusses whether Section 31 of The Manitoba Act constituted a treaty. Duration: 1:52:03.

Briefly discusses the Manitoba Métis Federations' loss in the Manitoba Métis Lands Case. Article located by scrolling to page 7.