Case Law

Comments on the case, McIvor v The Registrar, that had the potential to correct the history of sex discrimination in the Indian Act but failed.

Looks at legislative acts and extinguishment by the Crown of Native title to land.

Book reviews of: Colour-Coded: A Legal History of Racism in Canada, 1900-1950 by Constance Backhouse and Race, Rights and the Law in the Supreme Court: Historical Case Studies by James W. St. G. Walker.

Book review of: Looking for Ashley: Re-Reading What the Smith Case Reveals About the Governance of Girls, Mothers and Families in Canada by Rebecca Jaremko Bromwich.

Looks at the need for legal interpretations of tribal identities in the United States to be updated.

Presented at the 6th Annual Forum on Aboriginal Law, Consultation and Accommodation, February 22-23, Toronto, Ontario. Discusses how duty to consult and accommodate is being affected by recent case law.

Provides background and potential resolution to struggles of the Anishinaabe of Wisconsin which emerged in 1910-1953 and have continued over rights and control their lands and resources.

Canadian Studies Thesis (M.A.)--Carleton University, 2011.

Book review of: Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism by Peter Russell. To access this review, scroll to page 137.

Book review of: Recognizing Aboriginal Title by Peter H. Russell.

Book review of: Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism by Peter H. Russell.

Provides information on Aboriginal rights in Canadian common law, and the ways in which they can be asserted in the current Canadian court system.

Discusses current legislative regime governing access to moneys derived from reserve lands which are held in trust in the Consolidated Revenue Fund and mechanisms available through optional legislation, and makes recommendations which would enable Bands to receive funds directly and in a timely manner.

Presenter speaks about what can be taken from the two cases, Keewatin and Tsilhqot'in, both in a positive light and from a critical perspective. Duration: 30:14.

Presenters discuss Little Shell Tribe of the Chippewa of Montana's struggle for federal recognition, British Columbia Métis' perspectives on harvesting rights, and Canative Housing Corporation located in Edmonton, Alberta. Duration: 1:31:39.

Analysis of a series of cases to illustrate how the line of reasoning varies in decisions that attempt to reconcile Aboriginal rights and the interests of other parties; author examines judges decisions in relation to reconciliation and justification.

Examines a judge's ruling in a case involving Aboriginal title and private interests, including a detailed analysis of applicable legal principles and public policy considerations that should guide negotiations.

Looks at the differences and the commonalities between individual, legal, and social reconciliation.

Law Thesis (LL.M.)--Queen's University, 2009.

Looks at the strengths and limits surrounding Aboriginal oral traditions used in recreating the past in relation to Lax Kw'alaams Indian Band, et al. v. A.G. of Canada and HMTQ.

Author argues that litigation, using property as its basis, may be the best avenue for repatriation.

Looks at Puritan legal policy development regarding the treatment of Native Americans. Initially, when they felt themselves at a disadvantage, offenders were dealt with more fairly, but as their position became more secure, that treatment changed.

Looks at Canada's "in-principle" agreement regarding compensation from residential schools and compares this to Australia's compensation recommendations from the "Bringing Them Home" report.

Discusses the Indigenous historical perspective of the contact era and experience. Chapter 3 from Myth and Memory: Stories of Indigenous-European Contact

Reflects on Frank Calder's part in the first modern-day land claims agreement in British Columbia.

Presents the United States Supreme Court's decision in the case of Oregon Department of Employment v. Alfred Smith, a rejection of Indigenous religious rights.

Analysis of the federal government's inability to come to terms with contemporary (2003) policy decisions and court decisions such as the Corbiere case.

Information on a workshop that explored the issues raised by current scholarly research; provides a general sense of the issues relevant to Aboriginal peoples.

Louis Riel trial, appeal and medical reports. English version: The Queen vs. Louis Riel, Accused and Convicted of the Crime of High Treason: Report of Trial at Regina ... .

Book review of: Religious Freedom and Indian Rights: The Case of Oregon v. Smith by Carolyn N. Long.

Discusses a case in which evidence was manipulated (including false affidavits that caused Peltier to be extradited from Canada) and the individual was convicted when he clearly should not have been.

Book reviews of: Remembering Vancouver's Disappeared Women by Amber Dean. That Lonely Section of Hell by Lori Shenher. Entire section on one pdf. To access this review scroll to p. 179.

Examines the progress of cultural loss claims and explores tort law's potential to address the issue.

Outlines key features of the Crown-Aboriginal relationship, looks at whether the conduct of the Crown has met the standard required, nature of the litigation process as well as specific examples of Crown conduct during, preceding and following court cases. Follows discussion with 10 recommendations for reform.

Law Thesis (LL.M.) --University of Ottawa, 2010.

Discusses the North American Graves Protection and Repatriation Act (NAGPRA) in relation to archaeological material.

Report discusses the practical recommendations needed to facilitate elections and referenda taking place November 20, 2000. These recommendations, if acted upon, will ensure the rights of non-resident band members to fully participate in the democratic process.

Report has recommendations for the creation of a separate community controlled justice system for Aboriginal peoples. Report also includes information on the Donald Marshall, Jr., prosecution.

Anthropology Thesis (M.A.)--University of Victoria, 1998.

Discusses the status of Aboriginal women before contact, development and use of sentencing circles, British Columbia Court of Appeals decisions, looks at shortcomings of the present system and proposes adjustments to the system.

Comments on lawsuits involving abuse at Canadian residential schools and on the Indian Residential Schools Settlement Agreement.

Plaintiffs', church, and government representatives as well a judge and academic speak about the process. Session Two from public conference Assessing the Indian Residential Schools Litigation and Settlement Processes. Duration: 1:19:03.

Compilation of quarterly publications updating information on various issues and activities related to abuse inflicted upon former students.

Discusses an approach to valuation that employs concepts and methods of decision analysis, informed by behavioral decision research, in an applied context.

Rebuttal to a fellow anthropologists criticism of his witness report and sworn testimony.

Looks at how the State Government was not bound by its own Health Act, and the ramifications that had for the Aboriginal peoples of Western Australia.