Case Law

Prepared from speech given by the Chief Justice of Saskatchewan at the Correctional Service of Canada Commissioner’s Forum, May, 1999.

Volume 2 of Report of the Royal Commission on Aboriginal Peoples.

Law Thesis (LLM)--University of Toronto, 2014.

Provides background and description of agreement, analysis of major court decisions, information on programs currently delivered by Metis organizations, and identifies areas where greater supports are needed but funding has been inadequate.

Book reviews of: American Indian Literary Nationalism by Jace Weaver, Craig S. Womack, and Robert Warrior with foreword by Simon J.

Book reviews of: American Indian Activism: Alcatraz to the Longest Walk edited by Troy Johnson, Joane Nagel, and Duane Champagne. As We Are Now: Mixblood Essays on Race and Identity edited by William S. Penn. Cahokia: Domination and Ideology in the Mississippian World edited by Timothy R. Pauketat and Thomas E.

Looks at the progress and recommendations since the Royal Commission on Aboriginal Peoples (RCAP) final report in 1996.

Discusses trial for high treason in light of new Bill S-35 introduced in the Senate which would declare the conviction "vacated."

Revised edition of The Duty to Consult: New Relationships with Aboriginal Peoples.

Looks at the social, historical and political contexts in the novel Power.

Discusses the federal case against Leonard Peltier for the murder of Jack Coler and Ronald Williams on the Pine Ridge Reservation in 1975.

Case involving permission to harvest timber or the construction of a road through land used for religious purposes by three Native tribes.

Emphasizes the need for a flexible and contextualized approach to tort claims by Aboriginal survivors of institutional and historical abuses.

Book review of: Rights and Redemption: History, Law and Indigenous People by Ann Curthoys, Ann Genovese , Alexander Reilly. Review located by scrolling to page 186.

History Thesis (Ph.D)--Stony Brook University, 2007.

Discusses Aboriginal groups' viewpoints on the Constitution Act, 1982 and how readings of it by the Supreme Court of Canada varied from the Aboriginal interpretation. Chapter 14 from Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms edited by James B. Kelly, Christopher P. Manfredi.

Discusses a brief submitted to the Supreme Court in 1997 which distorts the language from the court's 1886 United States v. Kagama decision, and disregards tribal values and traditions. Reprint from Indian Country Today.

Political Science Thesis (M.A.)--The University of British Columbia (Vancouver), 2013.

Describes the usefulness of Geographic Information Systems (GIS) as a support tool to help resolve Native American property rights cases.

Looks at historians who have played an important role in the preparation and conduct of litigation.

Session Three from public conference Assessing the Indian Residential Schools Litigation and Settlement Processes held Friday, January 18, 2013 at the University of Toronto. Role of class council, non-class lawyers and legal fees. Duration: 1:04:17.

Discusses the allocation and management of lands and resources as it affects Aboriginal peoples and as seen in the case law that deals with Aboriginal rights.

Relates the history of educational programs in Northern Canada, the government policies of 1960s to 1970s, and the implementation of a bilingual educational policy in Nunavik.

Brief paragraph on the decision which laid groundwork for interaction of Saskatchewan courts and sentencing circles. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Claim for refund of taxes sold in village gave rise to a dispute as to whether or not it constituted a reserve since it was not created by treaty.

Judge ruled that the Crown could not sue on behalf of victims, which undermined the position that Aboriginals were wards of the state. Article uses new archival documents to document litigation and show the ideological dilemmas faced by the welfare administration.

File contains an opening prayer from the sitting of the Royal Commission on Aboriginal Peoples at Fort St. John, B.C. November 20, 1992, followed by a presentation by Sergeant Randy Munroe of the Ft. St. John Royal Canadian Mounted Police detachment. Munroe's presentation gives information on the Aboriginal alternate sentencing and supervision programs being piloted in the community. Following his presentation the assembled Commissioners ask him a variety of questions about these programs.

File contains a presentation by Chief Geraldine Kelly, Archaeologist Jerry Penny, Director of Education Edwina Wetzel, and Michael Joe, all of the Miawpukek Band, Conne River, Newfoundland. The presenters discuss the history of the Micmac people in Newfoundland, and claim that they have Aboriginal rights on the island. They discuss some of the archaeological and historical evidence for this, and the court case that the band is involved in with the federal government to have these claims recognized.

File contains a presentation by Paul Turmel, General Manager of the Native Para-Judicial Services of Quebec. Turmel discusses the history and mandate of his organization, and its goal of getting more Aboriginal people involved with the justice system, establishing justice institutions based on the cultural values of Aboriginal nations, and helping Aboriginal accused. Following Turmel's presentation the assembled Commissioners discuss the organization's activities and justice issues generally with him.

Website contains links to all documents relating to the inquiry: the seven-volume report, transcripts, exhibits, submissions, counsel notebooks, correspondence, etc.

Inquiry into the handling of the case involving a young Mi'kmaq man falsely accused and convicted of murder and his subsequent twelve-year incarceration.

Overview of the evolution, implementation, and implications of the doctrine.

Illustrates a connection between fiduciary and legal failures of the Crown and disregard for the rule of law.

Videos of talks given at a symposium sponsored by the National Museum of the American Indian. "Historical Resilience: The Story of Violence against Native Women" by Sarah Deer. "Sovereignty of Our Nations, in the Law, and Over Our Bodies" by Mary Kathryn Nagle. "Dancing Myself Home" by Jaime Black. "More Than Seven Times for the Next Seven Generations" by Cerrah Giles. "Save Our Sisters: Missing and Murdered Indigenous Women and Girls" by Marita Growing Thunder. Panel Discussion.

Describes how marriages were conducted "in the custom of the country". Written in response to a letter from F.W. Chesson of the Aborigines Protection Society which made the allegations.

Presentation of the judicial history of Aboriginal commercial rights in Canada.

Web page provides links to 18 original documents regarding case which addresses gender discrimination in the Indian Act.

Dismissed charges against Donald Keepness, and the judge denounced the actions of the Saskatchewan conservation officers in an area of Treaty 4 that is the Muscowpetung First Nation in the Fort Qu'Appelle area.

Saskatchewan Chiefs continue with court challenge in Britain for Treaty rights.

Chief of the Federation of Saskatchewan Indian Nations outlines Canadian First Nations governance structure and highlights major events, legislation, and court decisions which form the framework for future negotiations. Duration: 1:31:59. Presentation Slides

Despite some concerns raised, 14 of the 17 key individuals interviewed remained in favour of the impact and benefit agreements.

Presents a case of arbitrary arrest and detention by RCMP officers in Saskatchewan.

Looks at two different types of maritime activity, one past and one current.

Discusses 18th century murders, the quest for justice, and proper legal process.

Focuses on exemption for individual investment income rather than band's investment income.

Published as part of the Commission on First Nations and Métis Peoples and Justice Reform. Identifies gaps in research on the implications of FAS for the justice system.

Law Thesis (LLM)--Western University, 2018.

Author reports and provides historical background on U.S. Supreme Court rulings which he argues confirm that the Court is anti-Indian.

Discusses how Aboriginality is depicted in the Gallery's opening display.