Case Law

Dispute over testimony given in a case involving the traditional territory of the Ehattesaht.

Presents the results of 1976 lawsuit against the state for failing to provide village high schools.

Outlines the memorable and lengthy case, and reflects on the complexities of residential school abuse litigations.

Provides overview of the history of the Métis in Alberta followed by a discussion the Powley decision, the public and Conservative party's backlash against extending harvesting rights, the influence of the "Calgary School" of academics on provincial politics, and the denial of the Métis' historical presence in Southern Alberta.

Examines the strategies used by the Ardoch Algonquin First Nation and Allies (AAFNA) in judicial and legislative settings to make their voices heard.

Indian Affairs Minister informs the Medicine Wheel Ranch Company band members that they must wait for the settlement of their land claim of the Harold Lees ranch until the legitimacy of the surrender of that land by the Ocean Man and Pheasant Rump reserves in 1902 is decided in court.

Law Thesis (LL.M.)--York University, 2013.

Examines how the Wet'suwet'en used archaeological evidence to support their court case regarding Aboriginal and territorial rights.

Discusses the two most influential environmental assessments; the Berger Inquiry (Mackenzie Valley Pipeline Inquiry) and BEARP (Beaufort Sea Environmental Assessment and Review Process) as well as the Great Whale River Hydroelectric Project in Northern Quebec and the Ekati Diamond Mine in NWT.

Examines cultural, biological, political and legal implications of using this method for determining group membership, and argues that cultural-specific approach is more appropriate.

Looks at legal definition in the United States for Indian tribe, the current issues in Indian country, and how to put Native America back on the map.

Very brief article discusses litigation surrounding a variety of discriminatory election practices. Access though table of contents.

Discusses the ramifications of the February 1987 United States Supreme Court decision upholding the right of tribes to regulate gaming on their land.

Book review of: American Indians and the American Imaginary by Pauline Turner Strong.

Book review of: American Indians and the Fight for Equal Voting Rights by Laughlin McDonald.

Book review of: American Indians and the Fight for Equal Voting Rights by Laughlin McDonald. Review located by scrolling to page 179.

Social Work Thesis (M.S.W.)--The University of Manitoba, 2000.

Ruling finds government fully liable for abuse, rather than the United Church, which managed the school.

Asserts that traditional Native American peoples and mainstream Anglo Americans embody different world views, creating problems for Native Americans who practice traditional religions.

Includes: primary (legislation and jurisprudence case law) and secondary sources.

Examines the power of US tribal courts, the Indian Reorganization Act and the arguments for judical review.

Plaintiffs asked for three judicial declarations: that Métis and non-status Indians are considered "Indians" in the Constitution Act, 1867, that federal Crown owes a fiduciary duty to the two groups, and that they have the right to be consulted and negotiated with by the federal government.

Examines how anthropologists provide expert testimony in Brazil's civil law tradition and Canada's common-law practice.

Discusses difficulties encountered when using testimony from anthropologists in land claims cases.

Study of Tsilhqot’in Nation v. B.C. in terms of anthropological testimony and its interpretation by the courts. Case involved forestry practices and resource extraction.

Lists of cases cited in body of work as well as summaries and interpretations of several individual judgments.

Highlights five court cases involving violence against Aboriginals: Doe v Metropolitan Toronto(Municipality) Commissioners of Police, Odhavji Estate v Woodhouse, Hill v Hamilton-Wentworth Regional Police Services Board, Thompson v Webber, and Patrong v Wayne Banks and Others. Part of Families First: A Manitoba Indigenous Approach to Addressing the Issue of Missing and Murdered Indigenous Women and Girls

Law Thesis (LL.M.)--York University, 2014.

Excerpt from the decision of the Supreme Court of Canada regarding principles to be considered in determining sentencing. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Religious Studies Thesis (M.A.)--University of Ottawa, 2012.

Book review of: Architect of Justice: Felix S. Cohen and the Founding of American Legal Pluralism by Dalia Tsuk Mitchell.

Document covers cases from the second half of the twentieth century, specifically in the 1960s.

Archival Studies Thesis (M.A.)--University of Manitoba/University of Winnipeg, 2011.

Discusses the role archival material plays in common law and the consolidation of state power, and questions whether this circumscribes the courts’ ability to address historical injustices. Uses the case of R v Van der Peet to illustrate two different approaches to the question of Aboriginal title. Refers to cases: R v Van der Peet Delgamuukw v British Columbia

Trapper who threatened an Inuit community was shot, which resulted in the first criminal trial in the eastern Arctic and ultimately, a tuberculosis epidemic.

One of the few cases that directly addresses Metis rights analyzed in the context of the Constitutional terms and when the right to hunt may be exercised.

Clarifies the purposes of reservations and raises issues in relation to water rights and usage by reservations on the Gila River system.

Describes the legal dispute, which began in 1952, involving water rights of Native Americans situated on the Colorado River basin.

Investigates hydroelectric, forestry and energy corporations' relationship with Aboriginal peoples; case law provides some examples of exploitation.

Looks at the experience of a community with a successful casino and increased political influence by analyzing political leaders' correspondence, newspaper articles, and two agreements with the state.

Law Thesis (LL.M.)--University of Calgary, 2019.

Looks at historical reasons behind the tax exempt status provided through the Indian Act, and the applications and impacts on recruitment of First Nations teachers and other staff.

Discussion of the Australian High Court decision of Mabo (No. 2).

Law Thesis (Ph.D.)--University of Victoria, 2009.

Looks at the challenge of Court costs orders in Aboriginal and constitutional litigation.

Questions a recent court decision in British Columbia that defines First Nations people as a minority whose rights are based on race.