Case Law
Métis Harvesting Rights in Canada: R v Powley
Articles » Scholarly, peer reviewed
Author/Creator
Jean Teillet
Indigenous Law Bulletin, vol. 5, no. 12, October 2001, p. 72
Description
The Ontario Court of Appeal hears a case regarding the Métis right to hunt, as protected in s. 35 of the Canadian Constitution.
Métis in Canada: History, Identity, Law and Politics
Book Reviews
Author/Creator
Jennifer Hayter
BC Studies, no. 184, Winter, 2014/2015, pp. 141-142
Description
Book review of Métis in Canada edited by Christopher Adams, Gregg Dahl, and Ian Peach.
Entire book review section on one PDF. To access this review scroll to p. 141.
The Métis Nation and Métis Aboriginal Rights
Alternate Title
Research Paper (Scow Institute)
Fact Sheet (Scow Institute)
Documents & Presentations
Author/Creator
Mark L. Stevenson
Description
Research paper discusses history and legal aspects of rights in relation to the Powley case.
Related Material: Fact Sheet.
Métis Rights, Daniels and Reconciliation
Alternate Title
"Les Métis de l'Est": Outlining the Intellectual Currents at the Basis of 'Métis" Self-identification in Québec
Daniels: In and Beyond the Law
You Cannot "Blow Hot and Blow Cold": The Contradictions of Colonialism and the Disregard for Mé Agency in Daniels]
["Get your application in!: Post-Daniels Pitfalls, Self-Identification and the Rush to Become Métis]
[Promises and Pitfalls of Daniels]
Media » Film and Video
Author/Creator
Thomas Isaac
Adam Gaudry
Darryl Leroux
D'Arcy Vermette
Description
Keynote speaker discusses his report A Matter of National and Constitutional Import: Report of the Minister's Special Representative on Reconciliation with Métis: Section 35 Métis Rights and the Manitoba Metis Federation Decision.
Duration: 1:03:28.
Second part (beginning at 1:08:32) consists of panel presentations on "Promises and Pitfalls of Daniels". Speakers discuss implications of decision for Métis self-identification, Métis in Quebec, and the Métis nation.
Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan.
A Métis Treaty Through the Lens of International Law
Articles » Scholarly, peer reviewed
Author/Creator
Brenda L. Gunn
Bryn Rieger
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 4-25
Description
Argues that the agreement reached leading up to the Manitoba Act meets requirements for a valid treaty in international law as it was at the time.
Mi'Kmaq Land Claims and the Escheat Movement in Prince Edward Island
Articles » Scholarly, peer reviewed
Author/Creator
Rusty Bittermann
University of New Brunswick Law Journal, vol. 55, 2006, p. 172
Description
Discussion of the history of property rights in PEI and includes the petition of Oliver LeBone to the Colonial Office in London in 1838.
Mi'kmaq Treaties on Trial: History, Land, and Donald Marshall Junior
Alternate Title
Mi'kmaq Treaties on Trial: History, Land, and Donald Marshall Jr.
Book Reviews
Author/Creator
Arthur J. Ray
Canadian Historical Review, vol. 84, no. 1, March 2003, pp. 101-104
Description
Book review of: Mi'kmaq Treaties on Trial: History, Land, and Donald Marshall Junior by William C. Wicken.
A Mi'kmaw Perspective on Advancing Salmon Governance in Nova Scotia, Canada: Setting the Stage for Collaborative Co-Existence
Articles » Scholarly, peer reviewed
Author/Creator
Shelley K. Denny
Lucia M. Fanning
International Indigenous Policy Journal, vol. 7, no. 3, 2016, pp. 1-25
Description
Suggests adopting a co-management approach that incorporates Two-Eyed Seeing as a first step in the effective management of Atlantic salmon.
Michigan's Emerging Tribal Economies: A Presentation to the Michigan House of Representatives
Alternate Title
Indigenous Law & Policy Center Occasional Paper Series
Indigenous Law & Policy Center Working Paper ; 2007-07
Documents & Presentations
Author/Creator
Jake J. Allen
Hannah Bobee
Kathryn E. Fort
Bryan Newland
Wenona T. Singel
Indigenous Law & Policy Center Working Paper
Description
Looks at tribal sovereignty, the United States constitution, treaties and more.
Micmac Nation of Gespeg v. Canada (Minister of Indian and Northern Affairs)
Alternate Title
2007 FC 1036
Linda Jean, Chief of the MicMac Nation of Gespeg, in Her Own Name and On Behalf of All Other Members of Her Band, and the Conseil de la Nation Micmac de Gespeg and Minister of Indian and Northern Affairs Canada and Attorney General of Canada
Documents & Presentations
Author/Creator
Federal Court of Canada
Description
Court case involving the Minister of Indian and Northern Affairs refusing to grant financial assistance under the Elementary / Secondary Education Program to members of the Micmac Nation of Gespeg.
Mikisew Cree and the Lands Taken Up Clause of the Numbered Treaties
Articles » General
Author/Creator
Nigel Bankes
Resources (Canadian Institute of Resources Law), vol. 92/93, Fall/Winter, 2005-2006, pp. [1]-11
Description
Comments on the decision handed down by the Supreme Court of Canada in Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage).
Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), 2005
Alternate Title
Mikisew Cree First Nation Appellant v. Sheila Copps, Minister of Canadian Heritage, and the Thebacha Road Society
Documents & Presentations
Author/Creator
Supreme Court of Canada
Description
Discusses treaty rights and the Crown's duty to consult. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Minnesota v. Mille Lacs Band of Chippewa Indians
Articles » Scholarly, peer reviewed
Author/Creator
Kari Krogseng
Ecology Law Quarterly, vol. 27, no. 3, August 2000, pp. 771-797
Description
1998 United States Supreme Court decision ruling in favour of Mille Lacs Band's right to co-manage wildlife resources with state agencies.
The Mississippi Choctaw: A Case Study of Intercultural Games
Articles » Scholarly, peer reviewed
Author/Creator
L. Brooks Hill
Philip Lujan
American Indian Culture and Research Journal, vol. 7, no. 3, 1983, pp. 29-42
Description
Examines the characteristics and implications of the Smith John case as an extended example of intercultural games.
The Mississippi Choctaw: A Case Study of Tribal Identity Problems
Articles » Scholarly, peer reviewed
Author/Creator
Philip Lujan
L. Brooks Hill
American Indian Culture and Research Journal, vol. 4, no. 3, 1980, pp. 37-53
Description
Discusses two key court cases: United States v. John and Chata Development Corporation v. Mississippi Tax Commission, which called into question their legal status as a federally recognized tribe.
Mitchell v. M.N.R., [2001] 1 S.C.R. 911, 2001 SCC 33
Alternate Title
Minister of National Revenue Appellant v. Grand Chief Michael Mitchell also known as Kanentakeron Respondent [...]
Documents & Presentations
Author/Creator
Supreme Court of Canada
Description
Judgment involving the Mohawks of Akwesasne's right to bring goods across the St. Lawrence River for trading purposes without paying customs duty.
Modification, Infringement, and the "Visible, Incompatible" Test: The Impact of R. v. Badger on Treaty Hunting Rights in the Prairie Provinces
Articles » Scholarly, peer reviewed
Author/Creator
Kristy Pozniak
Saskatchewan Law Review, vol. 68, no. 2, 2005, pp. 403-434
Description
Examines the impact of the Supreme Court of Canada's judgment in R. v. Badger on treaty hunting rights in the prairie provinces.
Module 12: Land Claims, Ownership and Co-Management
Alternate Title
Module Twelve: Land Claims, Ownership and Co-Management
[Bachelor of Circumpolar Studies (BCS) 331: Contemporary Issues of the Circumpolar World I]
Documents & Presentations
Author/Creator
Ken Coates
Greg Poelzer
Description
Discussion of land tenure rights and systems, and conflicts and outcomes of disputes including key court decisions, legislation and modern treaties.
Developed for class delivered by the University of the Arctic.
Mohawk Family Hopes To Reclaim Identity in Canadian Court
Articles » General
Author/Creator
Celeste Mackenzie
Cultural Survival Quarterly, vol. 26, no. 4, Indigenous Responses to Plan Colombia, Winter, 2002
Description
Discusses some concerns surrounding Bill C-31, including not allowing Indian Status for children and grandchildren of women who married a non-status person.
Molecular Death and Redface Reincarnation: Indigenous Appropriations in the US and Canada
Alternate Title
Daniels v Canada, Beyond Jurisprudential Interpretations: What to Do When the Horse as Left the Barn
Daniels: In and Beyond the Law
Media » Film and Video
Author/Creator
Kim TallBear
Chris Andersen
Description
Speakers discuss the issue of who and what defines Indigenous identity, settler-state's practice of imposing their definitions, the phenomenon of "playing Indian", and broader social interpretations of court decisions such as Daniels.
Duration: 1:59:35. Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.
The Morin Decision: An Excerpt
Articles » General
Author/Creator
A. Sherstobitoff
Justice as Healing, Fall, 1995, p. [?]
Description
Involves case which examined the use of sentencing circles in the Saskatchewan courts.
Compete case available hardcopy in the Canadian Native Law Reporter, [1995] 4, page 37.
Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
Mothers, Babies and Jail
Articles » Scholarly, peer reviewed
Author/Creator
Rebecca Johnson
University of Maryland Law Journal of Race, Religion, Gender and Class, vol. 8, no. 1, 2008, pp. [47]-70
Description
Comments on the case of Lisa Whitford who is raising her infant in a provincial remand centre.
Moving Backwards: Does the Lack of Duty to Consult Create the Right to Infringe Aboriginal and Treaty Rights?
Alternate Title
Comparative Research in Law & Political Economy Research Paper Series ; no.13
Documents & Presentations
Author/Creator
Shin Imai
Ashley Stacey
Description
Discusses two cases Neskonlith Indian Band v Salmon Arm (City) and Wahgoshing First Nation v Solid God Resources Corp both involving failure to consult with First Nations by a municipality and a private business.
Mowatt v. Clarke
Web Sites » Governmental
Author/Creator
British Columbia Courts
Description
1999 BCSC [British Columbia Supreme Court] 1341Docket 7838. Judgement regarding St. George's Indian Residential School (Anglican Church of Canada) and the sexual abuse of children. Findings of liability made in relation to federal Crown and Anglican Church for actions of dorm supervisor Derek Clarke.
"Mu Kisi Maqumawkik Pasik Kataq - We Can't Only Eat Eels: "Mi'kmaq Contested Histories and Uncontested Silences
Articles » Scholarly, peer reviewed
Author/Creator
L. Jane McMillan
The Canadian Journal of Native Studies , vol. 32, no. 1, 2012, pp. 119-142
Description
Examines Aboriginal and treaty fishing rights, and the experiences of Donald Marshall, Jr. regarding those rights.
A Multifaceted Approach to Recognizing Canadian First Nations Governments: What Courts May Decide
Documents & Presentations
Author/Creator
Kathleen Burrage
Description
Argues that while, on the surface Canada may seem to have respected the right to self-government, in practical terms it has done little and a landmark decision is needed to speed the process.
Museum, Kitigan Zibi in Tug of War Over Remains
Articles » General
Author/Creator
Marty Logan
Windspeaker, vol. 20, no. 10, February 2003, p. 24
Description
Relates the First Nations band, Kitigan Zibi Anishnabeg, fight against the Canadian Museum of Civilization for human bones found within their traditional Algonquin territory.
Entire issue on one pdf. To access article scroll to p.24.
The Myth of Swan: The Case of Regina v. Taylor
Alternate Title
The Myth of Swan: The Case of R. v. Taylor
Articles » Scholarly, peer reviewed
Author/Creator
P. Dawn Mills
Canadian Journal of Native Studies, vol. 18, no. 2, 1998, pp. 255-270
Description
Discusses the principles of sentencing circles in Dene and Métis communities and uses the Dene mythic hero Swan to illustrate the principles in relation to several recent cases.
"Nasty, Brutish and Short": Anthropology and the Gitksan-Wet'suwet'en Decision
Articles » Scholarly, peer reviewed
Author/Creator
James B. Waldram
Pat Berringer
Wayne Warry
The Canadian Journal of Native Studies, vol. 12, no. 2, 1992, pp. 309-311
Description
Author refutes the reasoning of Chief Justice Alan McEachern of the BC Supreme Court in his decision on Delgamuukw v. The Queen.
Nations in Waiting: The BC Treaty Experience
Documents & Presentations
Author/Creator
Jean Moir
Description
Based on the article Nations in Waiting by Guuduniia LaBoucan found on p. 46 of the Canada's History magazine special edition Treaties and the Treaty Relationship. Suitable for use with Grades 7 to 12.