Case Law

Commentary on how the United States Congress has taken steps legislatively to clarify and enhance Native American religious freedoms.

Looks at two cases that deny religious protection, a right under the First Amendment, regarding ancient religious practices that predate the founding of the United States and the writing of its Constitution.

Article advocates that reservation children should be residing on reservation lands in order to maintain their Indian heritage.

Brief article commemorating Nora Bernard, who filed the first class action lawsuit on behalf of all residential school victims.

"A Paper for those who wish to understand Mabo, the Native Title Act, Wik and the Ten Point Plan". Revised edition incorporating the Senate's amendments.

Examines the key provisions of the Native Title Act 1993 and how to cope with the "right to negotiate" provision of the act and when the provision doesn't apply.

Law Thesis (LL.M.)--The University of British Columbia, 2002.

Book review of Native Title from Mabo to Akiba edited by Sean Brennan, Megan Davis, Brendan Edgeworth and Leon Terrill.

Association argued it suffered from inequitable funding and insufficient rights of participation in comparison to the four male-dominated national Aboriginal organizations.

Describes how the Native Women's Association of Canada had to fight for their Charter Rights in the Federal Court of Canada. Also discusses the case of McIvor v. Canada that found that registration provisions in the Indian Act were unconstitutional as they violated the equality provision of the Charter of Rights and Freedoms.

Authors were recruited by the Women's Court of Canada to write the judgment reconsidering the decision of the Supreme Court of Canada in a 1994 case.

Presents a case that discusses the Adoption Act and whether or not non-Aboriginal parents may adopt an Aboriginal child.

Discusses how a court case and legislation allowed First Nations to negotiate with Ontario Hydro.

Article seeks to provide an understanding of the issues regarding legislation requiring museums to return remains to Indian tribes for reburial.

Law Thesis (L.L.M.)--University of Toronto, 2000.

Lead lawyer in the Marshall and Bernard cases speaks about past court decisions as they pertain to the negotiation process taking place in Nova Scotia. Duration: 1:19:47.

Discusses debates and tribal lawmaking around the issue in the United States with focus on ten-year period prior to the 2015 Supreme Court decision.

Discusses two law suits involving Countryborn women, Foss v. Pelly in 1850 and The Queen v. Corbett in 1863.

Topics discussed by Nisga'a Tribal Council Chairman, include Aboriginal title, ownership, courts, rights, and customary law. Interview first published in Multinational Monitor, vol. 13, no. 9, September, 1992.

Looks at case law involving customary law, human rights and gender equality.

Discussion of cases which recognized the Metis right to hunt and had implications for inclusion in s. 35 of the Constitution Act.

Discusses how Indigenous people in Washington State have established a new ethos in environmental management of collaborating with industry, government and environmental groups to solve their concerns.

Geography Thesis (Ph.D.)--York University, 2013.

Focuses on news paper coverage of Aboriginal issues specifically child welfare matters and control over land and resources.

Looks at historical treaty cases in Canada leading up to the Nishga land case.

History Thesis (M.A.)--Simon Fraser University, 1979.

Outlines the historical background of Aboriginal populations; describes New Brunswick Aboriginal Peoples Council's organizational structure, representational capacity and track record of advocacy, with particular reference to membership recognition and representation through programming, in litigation, and policy development; analyzes demographics and options for representation of four groups: Status Indians residing off reserve; non-Status Indians; General List Indians of the Harquail Clan (Sickadomec); and never-registered populations.

Summarized decisions rendered by the North Dakota Supreme Court. Cases have affected previous interpretations of the North Dakota law.

Looks at important acts which govern land use and ownership, as well as some Supreme Court judgments after 1968.

Looks at how the Australian courts are taking a narrow interpretation of Aboriginal ancestry when formulating a sentence.

Study commissioned by the Department of Justice Canada to gain insight into the state of legal service provision in Nunavut.

Argues that the Canadian case, R versus Van Der Peet, has allowed the Australian Courts to interpret Aboriginal or Native title in a more restrictive manner.

Law Thesis (LL.M.)--University of Alberta, 2008.

Presents Ainu litigation against the mismanagement of property by the Japanese state under the Former Natives Protection Act .

Report by Tom Flanagan, submitted in the Samson case, says Chiefs were aware they were giving up mineral rights when signing Treaty Six/ Treaty 6.

Book Review of : On Being Here to Stay by Michael Asch.

Looks at Alexander von Gernet's qualifications, training, publishing and expertise on oral history and his report to Canada's Department of Indian Affairs, Oral Narratives and Aboriginal Pasts: An Interdisciplinary Review of the Literature on Oral Traditions and Oral Histories.

Looks at the Aboriginal law system using various court cases as examples such as Tsilhqot'in Nation v. BC.

Book review of: One Land, One Nation by Frank Brennan. Review located by scrolling to page 242.

Examines civil rights and sovereignty issues. The article argues that interests of anti-racists, local and state governments jealous of tax bases, corporate America and the federal government are converging in a way that even the Supreme Court will not be able to contain.

Examines jurisprudence on Aboriginal issues with focus on recent Supreme Court cases and their aftermath. Paper presented at the 96th Annual Meeting of the American Political Science Association held in Washington from August 31 to September 3, 2000.

Discusses three key points where the Province failed in the case of Da’naxda’xw/Awaetlala First Nation v. British Columbia Hydro and Power Authority, 2015 BCSC 16.

Looks at the restrictions of the rule of law within the context of Indigenous land dispute cases with specific examples.

Argues that common law could help First Nations prove their title by showing occupation of the land when the Crown asserted sovereignty.