Case Law

Historically Aboriginal title has been justified by the need to protect Aboriginal peoples from European settlers, but inherent paternalism has undermined Aboriginal title today.

History Thesis (Ph.D.)--University of California Riverside, 2003.

Criminology Thesis (M.A.)--University of Ottawa, 2013.

Comparison of approaches in Australia, New Zealand and Canada over the last 20 years shows that while Aboriginal over-representation is viewed similarly, responses have varied, and none have successfully reduced incarceration rates.

Psychology Thesis (Ph.D.)--Simon Fraser University, 2004.

Law Thesis (M.A.)--Simon Fraser University, 2002.

Law Thesis (J.D.)--York University, 1999.

Argues that sentencing circles have inadequately addressed social injustice and inequality issues; and in some cases have revictimized survivors.

Law Thesis (LL.M.)--University of Saskatchewan, 1998.

Commentary on the decision on s. 718 of the Criminal Code, aimed at reducing the over-representation of Aboriginal peoples in the prison system by using alternate sentencing methods.

Dispute Resolution Thesis (M.A.)---University of Victoria, 2007.

Describes equal protection guarantees, tribal statutory and constitutional law, and tribal cases focused on discrimination.

An explanation and breakdown of the process to register sex offenders in the United States. Entire issue on one PDF. To access article, scroll down to page 209.

Discusses the fact that while Innu students experienced equal rates of abuse from authority figures, because the abuse took place in day schools rather than residential it has no been fully acknowledged.

Cultural Anthropology Thesis (Ph.D.)--Radboud University Nijmegen, 1991.

Law Thesis (L.L.M.)--Dalhousie University, 1999.

Book review of: Shadow Nations by N. Bruce Duthu

Examines the US Federal Court Case to determine the Aboriginal treaty rights, in Washington State, to take Shellfish (in the law case shellfish were termed all marine life other than fin fish).

Maynard Whitehawk found guilty by magistrate at Kamsack, Saskatchewan, for illegally hunting ducks on Cote Reserve.

PBS Frontline documentary examines the sexual abuse of children committed by Catholic Church priests and employees during the late 1960s and early 1970s in St. Michael, Alaska. Contains graphic descriptions that some viewers may find disturbing. Duration: 28:16.

Looks at attempt to secure funding to implement House Bill 1495 which recommended tribal history, culture and government be included in the K-12 curriculum.

Comments on an affair between a priest and one of his former residential school students.

Includes information on social life, customs and government relations at the turn of the century.

Case comment on Brown v Canada (Attorney General), the class action suit in Ontario involving the removal of children from their families on reserve, and placing them with non-Indian adoptive families, and foster and group homes. At issue was whether the Federal government had breached fiduciary or common law duties to prevent loss of identity in post-placement period.

Statistics show there is a breakdown of Indigenous community and family due to an erosion of traditional, customary law functions that address behavior. Looks at recognition of Aboriginal title using various cases as examples.

Appeal of two decisions which pertain to Aboriginal title claim against land purchased to develop a resort.

Argues that judicial analyses of the St. Catherine's Milling and Lumber Company v. The Queen case rarely take into account the historical context and contemporary attitudes towards Aboriginal people at the time.

Challenges the fact that communication or solicitation for the purpose of sex, otherwise known as prostitution, is illegal and yet is so open, with 14 escort agencies listed in Saskatoon and 17 in Regina.

Doctor of Juridical Science Thesis (S.J.D.)--University of Toronto, 1998. Develops a framework "for resolution of aboriginal and treaty rights issues in Canadian aboriginal rights jurisprudence." Argues judicial analyses are premised on incorrect assumptions about the Treaty relationship.

Law Thesis (LL.M.)--University of Manitoba, 2004.

Looks at a number of current and critical conflicts associated with Aboriginal rights, treaty rights, and the inherent right to First Nations self-government. Scroll down to access article.

Comments about Justice Ivan Cleveland Rand of the Supreme Court of Canada (1943 to 1959), and the three decisions he had rendered regarding Aboriginal rights.

Uses three social movement theories to illustrate the contentious actions that sparked mobilization among Aboriginal communities.

Looks at the proof of sovereignty in the United States and Canada and the misinterpretation of court decisions.

Suggests that the while the case has somewhat changed the law to protect Aboriginal title, it has simultaneously sustained a legal framework that undermines Aboriginal land rights.

Philosophy Thesis (Ph.D.)--University of Toronto, 2004.

Decision that demonstrates the constitutionalisation of Aboriginal rights and argues that Aboriginal rights need to be respected in their own terms and not necessarily simply to fit within common law concepts.

Article divided into two parts: an overview of the Act and the few reported decisions dealing with it.

Book review of:The Spirit in the Land by Gisday Wa and Delgam Uukw. Scroll down to page 92 to read review.

"... outlines the background from which the Squamish Nation Process emerged, describes what the Squamish Nation Process is and how it may ultimately lead to the reconciliation of Crown and Squamish Nation decisions on major project proposals in Squamish Territory."

Brief historical overview followed by discussion of the Federal government's and churches' changing responses to the issue, and judicial decisions which clarified liability in sexual abuse cases.

Presents a definition by the Supreme Court of Canada of what a reserve is with an amendment to include "designated lands."

Book review of: Standing Bear is a Person by Stephen Dando-Collins.

Book review of: Stanley Park's Secret by Jean Barman. To access this review, scroll to page 113.

Looks at a legal dispute over taxation issues.