Case Law

Outlines problems with the Bill and makes recommendations for amendments to it which would remove all discrimination against women.

Complainant charged that the Department had discriminated against her on the basis of religion when it refused to provide boarding costs for her daughter to attend a Catholic High School. Tribunal found in the Department's favour.

Suggests that decisions made in the United States may point to the general direction in which Canadian courts may move.

Law Thesis (LL.M.)--The University of British Columbia, 2006.

Discusses the doctrine of cultural continuity in relation to rights, the framework of residual sovereignty, and the application of a more generous application of the reconciliation doctrine.

Discusses the issues surrounding Indigenous peoples whose traditional territories straddle borders between the United States, Mexico and Canada.

Focuses on how anthropologists can best represent First Nations given the experience of the Delgamuukw court case.

Discusses Cubillo-Gunner action hearing against the Commonwealth and the legal system's ability to deal with these types of cases.

Discusses how expert testimony influenced litigation in the outcome of the Benoit v. R. case about Treaty rights and taxation.

Looks at how the Powley decision has placed Métis issues on the policy map.

Discusses a study conducted to examine the judicial consideration of section 718.2(e) of the Criminal Code and the complexity of the over-representation problem.

Website includes: links to case studies on First Nation concepts of property, laws and cultural heritage protection priorities, workshop proceedings, a list of materials relevant to cultural property issues, legislation affecting First Nation cultural property, research papers, and internet resources.

Two hour workshop is aimed at secondary school Civics and Law students.

Political Science Thesis (M.A.)--University of Victoria, 2011.

Judge's recommendation legislation be passed to confer "fetal rights" on unborn infants has implications for the rights of mothers.

Case study examines the alliance between Indigenous nations and organizations, the National Parks Service, and various religious organizations during the litigation surrounding the use of the Devil’s Tower formation during the Sun Dance season.

Discusses the Constitution, the Restitution of Land Rights (Lands Claims Commission) and the Richtersveld Claim. To access this article, scroll down to page 26.

Focuses legal aspects and court decisions, with particular reference to Australia.

Book review of: Protest, Land Rights and Riots by Barry Morris. Scroll down to page 215 to read the review.

Case presents strong judicial warning to governments that if they fail to adequately consult, they will be held legally accountable to First Nations and to private industry.

Argues that determining who are Métis is the role of the Métis themselves, and also discusses the Métis Hunting Act.

The author asserts that the Paul decision is a misinterpretation of the decision by the Supreme Court of Canada regarding the balancing of Aboriginal rights and public rights.

Guide should be read in conjunction with the Guidelines for Lawyers Acting in Cases Involving Claims of Aboriginal Residential School Abuse.

Discusses a conflict between the Canadian Bill of Rights and section 94(b) of the Indian Act which prohibits being intoxicated off of a reserve.

Discusses the system of tenures at the time of settlement and how it was misunderstood to include Aboriginal occupied land.

Decision or ruling regarding hunting on privately owned land ceded by treaty.

Examines the removal of the constitution as an excuse by the government when negotiating Métis Aboriginal rights and socioeconomic needs on Non-Status Indians.

Decision on the powers of First Nations Constables and whether they remain "peace officers" within the meaning of the Criminal Code.

Court proceedings regarding 2 individuals charged ,under s. 61(1) of the Fisheries Act, with attempting to fish without the proper licence.

Presents the case that ensured that Aboriginal background is taken into consideration in as per section 718.2(e) of the Criminal Code.

Case involved Treaty 8 Aboriginal man who killed bear in self-defence and later sold the hide. He was charged with unlawfully trafficking in wildlife, but argued that he was within his hunting rights.

Determines whether the 1923 Williams Treaty extinguished the Hiawatha Band's fishing rights on the Otonabee River in Ontario.

Discusses case in which the accused appealed his conviction arguing that because there were no on-reserve Aboriginals on the jury his right to fair trial had been violated under sections 11(d) and 11(f) of the Canadian Charter of Rights and Freedoms.

Appeal of numerous sentences imposed for offences committed by the supervisor, Jerzy George Maczynski, against young boys at Lower Post Residential School from 1952 to 1961 and from 1965 to 1967.

Ruling concluded that there is no existing right to trade in the Treaties of 1760-61 to exempt Donald Marshall from the Federal fisheries regulations.

Case involved treaty rights exempting individual from compliance with federal fishery regulations.

Argues that recognition of title or ownership, as shown by these court cases, is a function of the executive and legislative branches of government.

Analysis of a sentence (31 months in prison) for misuse of Saulteaux First Nation's Treaty Land Entitlement trust funds; contends that sentence was too lengthy in view of socio-structural inequalities.

Comments on the Supreme Court's decision which upheld and enforced the treaty right of Tsartlip hunters to hunt safely at night with lights.

Judgment on the right to sell fish under a food fishing license.

Discusses whether Aboriginal rights to gamble include the right to regulate gambling activities and pass by-laws.

Discusses the doctrine of impartiality and its implications in relation to racism and feminism.

Discusses how members of the Maliseet and Mi’kmaq First Nations were charged in New Brunswick with unlawful possession or unlawful cutting of Crown timber.

Decision by the Supreme Court of Canada about treaty rights, and the building of a log cabin in a provincial park.

Discusses a case where the accused young offender used a sentencing circle, and comments on the difference a restorative approach can make.

Decision on the right to sell fish on a non-commercial basis.

Examines the 1992 Hickey case exploring the relationship of race and gender within the context of the battered woman syndrome.