Case Law

Provides case updates from various states.

American Indian Studies Thesis (M.A.)--University of Arizona, 2006.

Statistical data compares 2016/2017 cases in Nunavut, Canada as a whole, as well as each of the provinces and other territories.

Statistical data compares 2016/2017 to 2015/2016 cases in Nunavut, Canada as a whole, as well as each of the provinces and other territories.

Looks at section 91 (24) of the Constitution Act prior to 2014 regarding interjurisdictional immunity and Crown responsibility; and the Tsilhqot'in and Grassy Narrows case whereby pre-existing law was disregarded.

Looks at a wide array of economic activities that took place from the pre-contact era to present times.

Comments on the decision from the case of Trevorrow v. South Australia [No. 5]

Looks at various issues pertaining to assimilation in Canada and Australia, and discusses how Canadian aboriginal claimants, unlike those in Australia, have successfully brought actions for compensation against the federal government.

Comments on the usefulness of written and oral evidence given by historians as based on several different cases.

Discusses the reparations awarded to Mrs. Valerie Linow for the assaults to her while under the care of the State.

British Court rejects obligations of the Crown under Treaty to First Nations in Canada.

Looks at background history of the court case and appeal case filed by Negotiating Team regarding the San and Bagkalagadi people. To access this article, scroll down to page 20.

The sixth article in a series to provide overview of Appeal decisions, includes brief comments on sentencing of Aboriginal offenders and sentencing circles.

Discusses the state of exception and the law starting with the Canadian courts in 1885.

Looks at the arguments put forth by Constable Harwig, Constable Senger and the Saskatoon Police Association to contest the Commissioner's conclusions.

Comments on the first time Aboriginal title had been declared under a framework in existence for decades.

Discusses the Supreme Court of Canada's decision in Behn v Moulton Contracting Ltd which states that members of an Aboriginal group cannot invoke "self-help" remedies when claiming that the government breached its duty to consult.

Using the example of E.B. v. Oblates of Mary Immaculate in the Province of B.C., argues that the Court and civil law failed to hold governments and public institutions accountable for the abuse of children in their care. Excerpt from: Sexual Assault in Canada: Law, Legal Practice & Women's Activism edited by Elizabeth Sheehy. Entire book on one pdf. To access chapter scroll to p. 151.

Law Thesis (L.L.M.)--University of Ottawa, 1998.

Looks at the two issues on appeal that the Supreme Court will decide. Looks at Rhode Island's argument that the Secretary of the Interior lacks legality to take land into trust for Narragansett Tribe under the Indian Reorganization Act (IRA).

Discussion of 8 cases: R. v. O'Connor, 1995 John Doe v. Bennett, 2004 Gardypie v. Canada (Attorney General), 2005 H.L. v. Canada (Attorney General), 2005 Cloud v. Canada (Attorney General), 2005 Blackwater v. Plint2005 E.B. v. Order of the [Roman Catholic] Oblates of Mary Immaculate in the Province of British Columbia,2005 Canada (Attorney General) v. Fontaine, 2017

Comments on R v. Vanderpeet [1996] S.C.R. 507; R. v. N.T.C. Smokehouse Ltd., [1996] 2 S.C.R. 672 and R. v. Gladstone [1996] 2 S.C.R. 723 (Sept. 1997).

Argues for a deeper understanding of the ideological assumptions for justifying infringements on Aboriginal rights.

Reviews legal events from the January 1980 - Fall 1982 period, including the failure of Aboriginal efforts to prevent the passage of the Canada Act in English Courts.

Lists items held in the Centre's library. Categorized by topic and indexed by author and title. Most entries are annotated.

Argues that some Aboriginal criminality has its roots in discrimination and advocates non-enforcement of some aspects of the Criminal Code, Alberta's Gaming and Liquor Act and Public Health Act against some Aboriginal offenders.

Sociology and Anthropology Thesis (M.A.)--Simon Fraser University, 2008.

Article examines Supreme Court of Canada decision in the landmark case to see to what extent judges gave equal weight to Indigenous legal traditions. Legislation and Cases Cited: Canadian Charter of Rights and Freedoms Constitution Act, 1867, Constitution Act, 1982, Forest Act, R.S.B.C. 1996 Royal Proclamation (1763)

Book review of:Tangled Webs of History; Indians and the Law in Canada's Pacific Coast Fisheries by Dianne Newell.

Author examines the way that the Environmental Protection Agency (EPA) managed the clean-up of mining pollution on Quapaw land at the Tar Creek mine site; outlines frameworks of historic case law and contemporary sovereignty agreements, critically analyses the EPA’s process and its failure to recognize Quapaw sovereignty and self-determination within these contexts.

Describes the historical background of treaty negotiations.

Discussion of the competing interpretations of Treaty 8's provisions for tax exemption.

Overview of taxation law and case law, particularly s. 87 provisions in the Indian Act.

Author discusses new courses, current issues, and presents a new theory to explain decisions on federal Indian law.

Author comments on material presented to students in his Indian law course.

Book review of: Telling It to the Judge by Arthur J. Ray.

Book review of: Telling It to the Judge by Arthur J. Ray.

Book reviews of Telling it to the Judge by Arthur J. Ray. Oral History on Trial by Bruce Granville Miller. Entire book review section on one pdf. To access this review scroll to p. 175.

Comments on two Supreme Court Cases that attempt to legislate the disappearance of Native Americans and the "descendants of Africans"

Explains Aboriginal law and defines who is an Aboriginal. Presents results from questionnaire sent to faculty claiming Indian descent and teaching courses related to Aboriginal law in American law schools.

Examines the meaning of section 35 of the Constitution Act, 1982 in relation to Indigenous governance matters.

Re-examines historical evidence used by Judge MacInnes in the case Manitoba Métis Federation v. Canada

Book review of: We are Not You: First Nations and Canadian Modernity by Claude Denis. Entire issue on one pdf. To access review scroll to p. 117.

Thesis (M.A.)--University of Guelph, 2008.