Case Law

Looks at the problem of free movement over international borders for Indigenous nations of North America.

Looks at ethnohistorical documentation and interpretation concerning reserve boundaries and the rights of the Natives to hunt, fish, and gather on the lands ceded by treaty.

Discusses history and culture of First Nations groups including the Coast Salish, Nlaka’pamux, Ts'ilhqot'in Secwepemc, Okanagan, Stl’atl’imx, Wet’Suwet’en, Sekani, and Dakelh First Nations.

Highlights provisions made in treaties and agreements ranging from the Peace and Friendship Treaties to the Charlottetown Accord and lists important court cases in chronological order.

Discusses topics of general laws, case laws, treaties, self-government, fiduciary obligations, and Aboriginal rights.

Law Thesis (LL.M.)--The University of British Columbia, 2005.

Indian Association of Alberta looses case that argued Britain's Crown is bound by law to uphold Treaty obligations in Canada.

Shows how the Delgamuukw v. the Queen identified the authority of traditional hereditary chiefs to represent their communities against the state.

Book review of: Buying America From the Indians by Blake A. Watson.

Book review of: Buying America from the Indians by Blake A. Watson. Entire issue on one pdf. To access article, scroll to page 118.

Looks at historical, moral and legal claims by the Nishga.

Commentary on the pivotal case which established that title was a right recognized by Canadian law. Chapter from: Let Right Be Done: Aboriginal Title, the Calder Case, and the Future of Indigenous Rights edited by Hamar Foster, Heather Raven, Jeremy Webber.

Argues that Aboriginal title had never been extinguished in territories around Nass River Valley, Observatory Inlet, Portland Inlet and the Portland Canal, in northwestern British Columbia.

Discusses if culture plays a part in judicial decision making.

Argues that jurisdiction over matters which affect children and families is part of the right to self-determination.

Examines the vicarious liability claims of churches and the federal government for the actions of school employees.

Entire issue on one pdf. To access article scroll to p.9.

Brief discussion of Canada's Comprehensive Land Claims policy in response to the Supreme Court of Canada's landmark decision in the case Tsilhqot'in v. British Columbia.

Legal Studies Thesis (M.A.)--Carleton University, 2007.

Reports on compensation legislation for child abuse cases and how inequitable settlements have been inadequate.

Entire issue on one pdf. To access article scroll to p.5.

Looks at the Supreme Court of Canada's decision that fishing rights of Aboriginals guaranteed in a 1760 British Treaty of Peace and Friendship must be honoured.

Legal Studies Thesis (M.A.)--The University of Western Ontario, 2015.

Outlines the process that led to the conclusion of the Nunavut Land Claims Agreement and the current structure of the Nunavut government.

Political Science Thesis (M.A.)--University of Alberta, 2012.

Examines whether First Nations have an enforceable right to educate children in their own languages at public expense.

Argues that Treaty-making has conformed to a uni-dimensional pattern of avoidance and inaction, but suggests recent Supreme Court of Canada cases will increase pressure on the Crown to live up to its promises.

Overview of significant decisions in the areas of: Aboriginal rights and title, costs, division of powers, duty to consult, fiduciary duty, Honour of the Crown, Indian Act Registration, infringement, specific claims, treaties, etc.

Evaluates the extent to which the Environmental Assessment Expert Panel's review of existing regulatory processes and Canada's response in the form of proposed legislation in Bill C-69 actually addressed its duty to consult. Argues that the examination of documents shows that government's duty has not been fulfilled in either spirit or practice.

Discusses the Indigenous Human Rights Tribunal into Genocide in Canada, formed to gather proof of genocide which could result in criminal cases against personnel responsible and compensation.

Includes treaties and land claims, secondary sources, sources of case law digests, legal periodical indexes and computer databases up to 1990.

Case involving band's right to assess taxes on the rail line running through their reserve.

Comments on a court case that will push the federal and provincial governments to discuss Métis rights and accept a definition of who is Métis.

Explores the concept of citizenship in relation to women and discusses problems of sexist and racist policies that impair the capacity of women for full citizenship in both the colonial state and First Nations.

Looks at how capitalism directs the interaction between Aboriginal peoples and the state.

"The overriding principle to be drawn from the Court's decision is that if parties agree that a certain activity is to be the subject matter of an environmental assessment, particularly a joint inter-jurisdictional environmental assessment, any activities which are not considered by the parties to be associated with the undertaking which is the subject matter of the environmental assessment should be specifically determined at the outset".

Looks at two court cases involving labour relations jurisdiction in two Aboriginal organizations.

Comments on spousal abuse, domestic violence and discrimination against Aboriginal women in the Canadian justice system.

Discusses ramifications of the courts' ruling on a case which alleged discrimination on the part of the federal government's Pilot Sales Program, a program which allowed Aboriginals preferential treatment not only for sustenance salmon fishing, but for commercial purposes as well.

Looks at who gets to decide and on what basis and why a specific Aboriginal rights claim is before the courts.

Comments on a case that revolves around the land clauses in the Manitoba Act, 1870.

Discusses implications and "rules" arising from two tax exemption cases, Nowegijick and Williams.

Argues that the Australia v Ward & Ors court case is an important case regarding the extinguishment of Native title under the Native Title Act 1993.

Website contains links to resources, training, toolkits, and case law.

Law Thesis (LL.M.)--Université Laval, 1997.

Law Thesis (LL.M.)--University of Saskatchewan, 2006.

Paper investigates the first challenge that the Indian Act had to face regarding membership of women at the Supreme Court of Canada (SCC).

Speakers discuss: ambiguity in both oral accounts and written versions of the Douglas Treaties; litigation arising from treaties; archival treatment of colonial documents pertaining to the treaties and the bound register; contradictory views about the issue of treaty annuities versus lump sum payments. Followed by question and answer period. Duration: 2:01:00.