Case Law

Comments on what constitutes a Native American.

Brief review of recent judicial decisions involving land claims and select issues related to Indigenous mineral rights in Alberta.

Looks at the dualism of comtemporary law and politics in the relationship between Aboriginal peoples and the Crown.

Author offers an in-depth critical analysis of American Indian Law Deskbook, asserts that the text fails to offer any Indigenous content and only acts to summarize Anglo-American precedence.

Argues that the Federal government failed to live up to its obligations and used a narrow interpretation, which worked to its advantage, based on the written document, as opposed to the actual intent of those who signed the treaties but could not read them to ensure their best interests were being served.

History Thesis (M.A.)--University of Nebraska at Kearney, 2007.

Presents legal issues pertaining on-reserve water rights in an historic context.

Looks at Aboriginal property rights, Australian law and the Mabo case.

Appeal regarding the compensation for the breach of fiduciary duty to the Whitefish Band 120 years ago and the determination of a fair value for Whitefish's timber rights in 1886.

Marilyn Poitras discusses the complex issue of identity from personal, group, legal and government perspectives. Jason Madden discusses Métis identity in terms of case law and rights contained in Section 35 of the Constitution Act. Duration: 37:58.

Timeline from the General Enfranchisement Act to the Indian Act and pertinent court cases and decisions which resulted in legislation to amend the Act.

Looks at two examples of free, prior and informed consent evolving in Canadian law: the Saugeen Ojibway Nation in Ontario, and the Athabasca Chipewyan First Nation in Alberta.

Comments on the way tribal status was determined and depicts the historical background of the tribe which inhabited the eastern section of Long Island.

Article draws on works of Aboriginal feminists and analyzes the ramifications of the courts' decision in terms of the oppression of Aboriginal women.

Sociology Thesis (M.A.)--University of Helsinki, 2012. Examines Sami Paadar brothers settlement case.

Law Thesis (M.LL.)--University of Victoria, 2018

Highlights key events that finally resulted in a measure of recognition, compensation and protection for Indigenous children.

Updated version includes three new court cases: Tsilhqo’tin Nation v. British Columbia, Hupacasath First Nation v. British Columbia (Minister of Forests) and Cook v. The Minister of Aboriginal Relations and Reconciliation.

Special report by a law firm that specializes in Environmental, Aboriginal and Energy case law focuses on recent Canadian Aboriginal court rulings.

History Thesis (Ph.D.)--University of Oregon, 1997

Describes how Canadian jurisprudence compels the courts to apply principles of First Nations law.

Book review of: Without Surrender, Without Consent: A History of the Nishga Land Claims by Daniel Raunet.

Illustrates, by use of a landmark court case, a parallel between 1492 and the present regarding First Nations in British Columbia and the recognition of Aborignal title.

Geography Thesis (Ph.D.)--Wilfrid Laurier University, 2004.

Jeannette Corbiere Lavell case about discrimination heard in Federal Court of Appeal.

Examines judgements regarding sentencing circles and cases of intimate violence.

Reviews scholarship on British Columbia resettlement, examines the Saanichton Marina court case, and discusses ongoing disputes over recognition of the Douglas Treaties.

Court of Appeal case involving claims of Aboriginal rights and title to lands within the Cariboo region of British Columbia.

[History] Thesis (M.A.)--Arizona State University, 2011.

Comments on the Yukon Quartz Mining Act