Case Law

Discusses the oppressive nature of child welfare systems as they relate to the criteria for "good" mothers imposed by dominant, Western cultural values.

Plain language explanation of legal principles involved in analysis of R. v. Stanley, the case in which Gerald Stanley, a Saskatchewan farmer, was charged with second-degree murder in the shooting death of a 22-year-old Cree man, Colton Boushie, and was subsequently acquitted.

Case summary of R. v. Wells [2000] decision by the Supreme Court of Canada (SCC). Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Discusses how the government neglected cultural rights by illegally licensing an oil company to do business on traditional lands without community consent.

Indigenous Studies Thesis (M.Phil)--University of Tromsø, 2012.

Explores traditional beliefs used in conservation management in relation to decisions from the Supreme Court.

Lawyer discusses her involvement in court cases which addressed the question of who is entitled to status as an Indian under the Indian Act. Duration: 1:08:34.

Discussion of section 35 of the Constitution Act, 1982 and the fact that 22 years after its enactment, it is still unclear what "recognition" of aboriginal and treaty rights means.

Federation of Saskatchewan Indians asked the British Court to provide protection of Treaty and Aboriginal rights before the repatriation of the Canada Act.

Law Thesis (LL.M)--University of Victoria, 2005.

Focuses on development of doctrine of Aboriginal rights by the courts since the 1982 amendment and defining who constitutes the "Métis people" in section 35.

Paper written for conference "Impact of the Haida and Taku River Decisions". Sponsored by the Pacific Business and Law Institute held January 26-27, 2005 in Vancouver. Summary of court decision and clarification of Aboriginal Rights.

Discusses two novels by Louise Erdrich, Lone Wolf and Tracks and Four Souls to show losses in socio-economic, familial, spiritual and tribal life.

Argues that decisions of the Indian Claims Commission (ICC) and the courts have not extinguished every acre of original, traditional or recognized titled lands.

Retirement of the Indian Claims Commission (ICC), in 1978, did not ultimately resolve all tribal claims to Aboriginal lands as there are still many outstanding claim in the United States.

Looks at the long legal process that resulted in the Catawba Land Claim Settlement Act and the extinguishment of a claim for 144,00 acres of highly developed South Carolina land. The settlement also saw the Catawba receive federal and state benefits, restoration as a federal tribe and a $50 million payment.

Looks at the legal history that brought about the ruling in favor of the Coeur d’Alene Tribe in the case United States v. Idaho.

Examines the demand for justice and for the settlement of several land claims put forward by the Zuni Tribe of New Mexico. As a result of these demands three pieces of legislation were created by US Congress and three court cases were filed.

Chapter in book: Advancing Aboriginal Claims: Visions/Strategies/Directions edited by Kerry Wilkins.

Book review of: Contours of a People edited by Nicole St-Onge, Carolyn Podruchny and Brenda MacDougall. Entire book review section on one pdf. To access this review, scroll to p. 463.

Argues that other First Nations have overlapping claims to Aboriginal title within the Tsawwassen First Nation Agreement and consultation with them should take prior to signing the final agreement.

Anthropology Thesis (M.A.)--University of Alberta, 2006.

Presents the verdict from the case of Corbiere et al versus the Queen and the Batchewana band.

Case involving the section of the Indian Act which dealt with off-reserve residents eligibility to vote in matters concerning the community.

Examines the decision by the Court of Appeal regarding the violation of Cree rights by the Canadian and Quebec governments.

Entire issue on one pdf. To access article scroll to p.11.

Comments on a decision that, while based on Treaty 3, is assumed its application will apply to other numbered treaties in British Columbia, Alberta, Saskatchewan, Manitoba and Ontario.

Discussion of extradition of Graham, American Indian Movement and the murder of Anna Mae Pictou Aquash.

Reviews decisions made by the British Columbia Court of Appeal.

Transcript of judge's decision in the case of a woman charged with illegal possession of peyote.

Describes the case of Jeannette Corbiere Lavell, of the Wikwimekong First Nation on Manitoulin Island, and her appeal to the Federal Court of Canada to retain status under the Indian Act.

Discusses the British Columbia Court of Appeal's decision in Fort Nelson First Nation v. British Columbia (Environmental Assessment Office).

Supreme Court overturns appeal ruling in residential schools case that held churches were exempt under the doctrine of "charitable immunity."

Sociology Thesis (Ph.D.)--University of Alberta, 2005.

Focuses on the ramifications of the case in which the Supreme Court of Canada affirmed the Mi'kmaq treaty right to hunt, fish gather and trade for necessaries.

Federal Court of Appeal upheld decision concerning lower pension benefits for First Nation people on-reserve, who had not contributed to the Canada Pension Plan until 1988.

Discusses the challenges associated with the way historical evidence is presented and interpreted in the court room.

Argues that numerous legal and policy decisions are setting the stage for massive confrontations over approval of developments unless appropriate consultation processes are put in place.

Relates how a non-Aboriginal parent's right to harvest organs and cremate an adoptive son superseded a Cree biological mother's right to bury her adult son according to First Nation spiritual and cultural beliefs.

Entire issue on one pdf. To access article scroll to p.1.

Grand Chief of the Grand Council of Crees discusses the stance of the James Bay Cree with respect to the right to determine their own political future whether or not Quebec decides to separate.

Lengthy review (100 pages), is a background study for the Law Reform Commission of Canada's report on Aboriginal Peoples and Criminal Justice; covers wide range of topics, both historical and contemporary, concerning the Canadian justice system's treatment of Aboriginal peoples.

Focuses on the importance of the decision and Gladue reports, which give judges a picture of Aboriginal offender's past experiences and circumstances. These reports are taken into consideration when sentencing decisions are made. Followed by talk by Yvonne Johnson co-author of Stolen Life: The Journey of a Cree Woman. Total duration: 1:05:43.

Purpose of study is to help guide First Nations communities in developing policies, procedures and controls that will ensure effective fisheries management.

Discusses jurisdiction west of the Mississippi River the the trial of several Osage Indian men.

Discusses the implications when a law suit involves not only the entity which is directly responsible for abuse, but the affiliated national church organizations as well.

Law Thesis (M.L.)--The University of British Columbia, 1992.

Looks at the Alberta government's consultation policy and practice, focusing on the Athabasca region.

Anthropology Thesis (M.A.)--University of Victoria, 2011.

Outlines guiding first principles by examining significant case law as well as discussing the inherent right to self-governance and steps toward reconciliation.

Provides an overview of historic treaties, modern treaties and non-treaty areas and how duty to consult applies to each group. Focuses on defining the role of the Energy Regulator in reference to the Crown's duty to consult.