Case Law

Presents some of the history and current ramifications of this landmark case.

Comments on the implications of the decision.

Discussion of land solutions and how these must be developed by and for the community.

Text address given by member of litigation team, at the University of British Columbia, 9 April 1991, about testimony at the Delgamuukw court case.

Presenter discusses three cases: Tsilhqot'in, Manitoba Métis Federation, and Daniels. Duration: 1:06:30.

Combined presentations by Roger William at the Free, Prior and Informed Consent Forum in 2015 about the historic judgment given to the Tsilhgot'in Nation for lands claimed outside of a reserve.

Discusses the concept of "prior occupation" of the land and the clarification of test for Aboriginal title in the judgment of Tsilhquot'in Nation v. British Columbia.

Why the Skokomish have a concern over the Cedar's fate and the legal issues surrounding efforts to protect the Cedar.

Looks at the three points of law concerning the Supreme Court's Carcieri decision which concerned taking lands into trust for Indian tribes federally recognized in 1934 when the IRA (Indian Reorganizaiton Act) was passed.

Discusses position regarding lands taken up for settlement by the Crown, the Natural Resources Transfer Agreement, reconciliation, infringements, traditional territories, legal principles and compensation.

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

Looks at the court decision, Delgamuukw v. British Columbia in 1997 in relation to the novel Monkey Beach by Eden Robinson.

Developed for use in Law 30 classes in conjunction with Treaties and the Law: Information Backgrounder.

Looks at conflict between the Indian Act subsection 77(1) and the Canadian Charter of Rights and Freedoms.

Examines Aboriginal and treaty fishing rights and emerging fisheries legislation by referring to Supreme Court rulings which suggest re-assessment of management practices by government.

Looks at "modern approach" to interpretation, reviews last three decades of judicial interpretation, and discusses an alternate procedure based on Anishinabe legal principles and Indigenous understandings.

Humanities Thesis (M.A.)--California State University, Dominguez Hills, 2005.

Looks at fiduciary duty, the development of Indian policy and the legal rationale regarding Indian nations and their lands.

Discusses importance of physical activitiy to culture and the historical efforts of sport organizations and federal legislation to exclude First Nations People from sport participation.

Discusses four principle topic areas: sovereign debt, labor relations, taxation, and sovereign immunity.

Looks at historical Aboriginal title in British Columbia.

Analyzes the legal process employed to prosecute Riel and finds the outcome flawed due to the unfairness of the trial.

Describes the events leading to the arrest and conviction of a participant of the 1869-70 uprising.

Examines transcripts and surrounding reports in order to describe the trials of Pîhtokahanapiwiyin (Poundmaker) and Mistahi-maskwa (Big Bear) following their leadership and participation in the North-West Resistance. Entire issue on one pdf file, scroll to page 81.

Comprehensive website intended as a resource for American Indian and Alaskan Native Nations and people, tribal justice systems, victims and tribal service providers, and the improvement of justice. Contains links to: tribal law, federal law, state law, and other resources.

Lists decisions by category.

Compendium, covering both criminal and civil cases, is designed to assist tribal judicial officers and legislators in understanding how some tribal governments have dealt with legal issues surrounding domestic violence cases.

Comments on the necessity of generating revenue to pay for the provision of governmental services.

Explains the doctrine of discovery and the Oneida land claim case. Duration: 1:02:12.

Discusses how federal Indian law has developed in the United States from the arrival of Columbus through to the self-determination era of today, and looks at the future of the Indian tribes.

Looks at the court case Santa Clara Pueblo v. Martinez, tribal governments and conceptions of sovereignty, and governmental responsibility.

Overview of the various avenues explored by Aboriginal peoples for gaining meaningful self-government. Excerpt from: Becoming Visible - Indigenous Politics and Self-Government edited by Terje Brantenberg, Janne Hansen, and Henry Minde.

"In this paper, I argue that Indian Residential School (IRS) litigation, and the emphasis on "cultural loss" or genocide, threatened to expose the illegitimacy of Canada's claim to sovereignty and the settler collective's occupancy of Indigenous lands today".

Looks at trust responsibility and accountability in United States law; contemporary division of labour in Federal Indian programs; and applicability to Canada.

Juridical Science Thesis (Ph.D.)--University of Toronto, 2010.

Federation of Saskatchewan Indians continues to fight for Treaty rights in the British Courts and in Canada.

Discussion of the Supreme Court of Canada's decisions in Tsilhqot’in Nation v. British Columbia and Grassy Narrows First Nation v. Ontario Duration: 1:09:03.

Reviews the Supreme Court of Canada's landmark decision in the case Tsilhqot'in v. British Columbia in which the Zeni Gwet'in Tsilhqot'in have Aboriginal Title to much of their traditional territory.

Brief discussion of Supreme Court of Canada's landmark decision in the case Tsilhqot'in v. British Columbia in which the Zeni Gwet'in Tsilhqot'in have Aboriginal Title to 200,000 hectares of traditional territory in northern B.C. and rights to land use.

Discusses the first case in which a court has concluded that the evidence before it proves aboriginal title over certain lands.

Legal Studies Thesis (M.A.)--Carleton University, 2015.

Supreme court ruling in landmark case declared the First Nation had Aboriginal Title to approximately 2000 square kilometers and extensive rights over an even broader area.

Comments on the case R. v Newborn in which the accused argued that the jury selection in his case was "constitutionally flawed because it disproportionately excluded [A]boriginal citizens”. Justices of the Alberta Court of Appeal dismissed the argument. Looks at the right to a representative jury as defined by the Supreme Court in the case of R v Kokopenace, the application of the decision and the scope of the state's obligation under Charter s 11.

Looks at a case that favoured the adoptive parents over the Cherokee father and the implications of this decision.

Includes "The Fred Quilt Case" (chapter 11) and "The Muskego Affair" in Saskatchewan (chapter 12).

Discussion on the injustice of the federal government's actions regarding Indian land rights and the class action lawsuit regarding the federal government’s failure to fulfill its fiduciary duty for assets held in trust by the Bureau of Indian Affairs.