Case Law

Topics include self-determination, self-government, Aboriginal title and land ownership issues.

Court considered the validity and duratiion of a permit granting right-of-way to a provincial utility company for power lines across a reserve pursuant to Indian Act, s. 28(2)

Influential decision which stated that the Cherokee nation was a "distinct community" with self-government where the laws of Georgia had no force. Established the authority of the federal government, rather than state governments, over Indian Affairs.

Community Governance Project towards (M.A.)--University of Victoria, 2004.

Introduction from book: Oral History on Trial: Recognizing Narratives in the Courts by Bruce Granville Miller. A case for merging oral narratives into legal proceedings. Includes a few pages from chapter 1.

Interdisciplinary/Indigenous Studies Thesis (Ph.D.)--The University of British Columbia (Okanagan), 2013.

Dispute involving reserve land taken for the public purpose of an irrigation canal.

Focuses on the Lytton, B.C. sexual abuse lawsuit against the Anglican Church, and the church's argument that the federal government should bear the main responsibility.

Book review of: Our Box Was Full: An Ethnography for the Delgamuukw Plaintiffs by Richard Daly.

The right of Treaty Indians to hunt for food in provinces in which they do not live was upheld by the Supreme Court of Canada.

Thesis (M.A.)--Dalhousie University, 2013

Reviews ten sentencing decisions to better understand how s. 718.2(e) of the Criminal Code and R. vs. Gladue 1999 are interpreted by sentencing judges. Criminology Honours Thesis (B.A.)--Saint Mary's University, 2017.

Makes recommendations for legislative changes in Saskatchewan and the processes to achieve them. Concludes that the best model to follow would be that of the Northwest Territories.

Judge K. Halvorson overturns Magistrates' Court ruling which found Walter Moosehunter guilty of unlawful hunting.

Comments on the Supreme Court of Canada's decision on the case Manitoba Métis Federation Inc. v. Canada (2013 SCC 14) Entire issue on one pdf. To access article, scroll to page 52.

Looks at the effect a pastoral lease has on native title rights and interests.

Case involved request for an interlocutory injunction of the final land claim agreement in order that the independence of the North Slave Métis Alliance could be established.

Discusses the personal nature of anthropology field notes and the obsession with the written word.

Looks at the criminal prosecution of Robert Pickton in terms of judicial representation of victims, implications of jury's decision, and impact of trial on families of the murdered women.

Law Thesis (LL.M)--University of Victoria, 2014.

Argues that the fiduciary duty that is given constitutional status in Sparrow is based on respect for the autonomy of Aboriginal peoples.

Brief letters in support of the ruling that labelled peyote a narcotic.

Looks at two major cases pursuant to the freedom of religious practice regarding the legal possession of peyote.

Court case involving several Mi'kmaqs' failure to collect GST from their retail businesses located on reserves in Nova Scotia.

Examines the content of Aboriginal title with a particular focus on the Supreme Court's decision to distinguish Aboriginal title from other interests in land known as common law property.

Presents the history of treaties between the Crown and First Nations of Canada.

Bill introduced to comply with Court's decision in Descheneaux et al., v. Canada (Attorney General), which found current Act violated equality provisions of the Canadian Charter of Rights and Freedoms. Court case involved eligibility for Indian Status.

Canadian Studies and Native Studies Thesis (M.A.)--Trent University, 2001.

Focuses on the reasons for the court discarding most anthropological testimony in Delgamuukw v. the Queen.

Book review of: The Pleasure of the Crown by Dara Culhane. To read review, scroll down to page 108.

Book review of: The Pleasure of the Crown by Dara Culhane.

Looks at how the number of meanings for the term "Aboriginality" impacts aboriginal rights by examining the Delgamuukw decision and the impact the case had in determining the nature and extent of Aboriginal rights and title.

Research paper discusses statutory provisions in the Indian Act and court imposed fiduciary duties on band governments in certain circumstances.

Law Thesis (L.L.M.)--Queen's University, 2001.

Discusses how the Court's decisions, vis-à-vis section 35(1) of the Constitution, influenced public policymaking.

President of the Métis Settlements General Council discusses its involvement in the Daniels case and actions of the Council since the decision. Second speaker discusses the political and historical context of the case, analyzes the court's judgement, and suggests possible future actions. Duration: 1:15:01. Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.

Paper presented at the Australasian Political Studies Association Conference, University of Adelaide, September 29 - October 1, 2004.

Looks at the Sawridge dispute, and problems associated with Bill C-31 regarding Aboriginal women’s rights within their own societies both on and off the reserves.

Discussion of the 1973 Calder judgement and its impact on the relationship between indigenous peoples and Canada.

Author contends that due to the Mabo court decision the legal equation between Aboriginal and non-Aboriginal Australians has changed.

Discusses each part of Aboriginal title as defined by the court, relation to inherent right of self-government, proof of aboriginal title, and jurisdiction over Aboriginal title.

Discusses the rejection, by the British Columbia Supreme Court, of a claim in Sam v. British Columbia.

Investigates the usefulness of postcolonial theory in response to claims made by members of the Stolen Generations and the law's response to the silence of the white nation.

Examines the conceptualisations of property law in Mabo v. Queenland.

Comments on a judgement made by the Supreme Court of Canada affirming that the term "Indian" in s.91(24) of the Constitution Act, 1867 includes Métis and Non-Status Indians.

Geography Thesis (M.A.)--The University of British Columbia,1992.

Looks at the constitutional duty to consult within context of certain criteria regarding the application.

Provides resource for defence counsel that needs a legal aid referral where an Aboriginal right is used as a defence. Looks at treaty rights, Gladue rights, restorative justice etc. Information provided not for legal advice.