Case Law

Displaying 401 - 450 of 1380

Designing and Teaching an Introduction to Federal Indian Law

Articles » General
Author/Creator
Wynema Morris
Tribal College Journal of American Indian Higher Education, vol. 27, no. 2, American Indian Law, Winter, November 8, 2015, pp. [28-29, 7]
Briefly discusses various aspects of a course on Federal Indian Law taught through the Native American Studies Department at Nebraska Indian Community College.
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Desperately Seeking Absolution: Native Agency as Colonialist Alibi?

Articles » Scholarly, peer reviewed
Author/Creator
Robin Brownlie
Mary-Ellen Kelm
Canadian Historical Review, vol. 75, no. 4, December 1994, pp. 543-557
Discusses the development of Aboriginal rights from the outlawing of the potlatch to the rejection of anthropological evidence given at the Gitksan Wet'suwet'en land claim.
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Destabilizing the Consultation Framework in Alberta's Tar Sands

Articles » Scholarly, peer reviewed
Author/Creator
Jennifer Mills
Journal of Canadian Studies, vol. 51, no. 1, Destabilizing Canada / Le Canada déstabilisé, Winter, 2017, pp. 153-185
General discussion of consultation and consent, and analysis of recent legal cases which illustrate how Indigenous peoples in Alberta have been excluded from decision-making involving the oil industry.
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Deux visions des droits ancestraux: limites de l'argumentation juridique en faveur de la reconnaissance du droit des peuples autochtones a l'autonomie gouvernementale

Articles » General
Author/Creator
Charles Henri Warren
Canadian Issues, no. 21, [Aboriginal Peoples In Canada/ Futures And Identities], Winter, 1999, pp. 107-121
Compares and contrasts two attitudes toward Aboriginal rights: those of the Supreme Court of Canada and those expressed by the Royal Commission on Aboriginal Peoples. Text in French with English abstract.
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Did I Hear That Right? One Anthropologist's Reaction to Colleague's Testimony in a Court Case Involving Alaska Native Aboriginal Hunting and Fishing Rights on the Outer Continental Shelf

Articles » General
Author/Creator
Rita A. Miraglia
Indigenous Policy Journal, vol. 22, no. 4, Special Issue of Indigenous Policy: Anthropology, Archaeology and Litigation - Alaska Style, Spring, 2012, pp. 1-19
Comments on opinions presented as fact in a court case and questions if guidelines need to be established for the use of anthropological and archaeological data in court testimony.
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Documenting Historic Métis in Ontario

Articles » Scholarly, peer reviewed
Author/Creator
Gwen Reimer
Jean-Philippe Chartrand
Ethnohistory, vol. 51, no. 3, Summer, 2004, pp. 567-607
Identifies sources and methods for documenting Métis during the fur trade period in Ontario in order to investigate legal and historical questions related to contemporary rights of Métis in that province.
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Does the Residential School ADR Process Effect Reconciliation?

Documents & Presentations
Author/Creator
Gregory R. Hagen
Argues that the alternate dispute resolution (ADR) process relies too heavily on tort law without incorporating Aboriginal perspectives, has been arrived at without agreement or census of those affected, and may lead to re-victimization. Based on presentation at Residential Schools Legacy: Is Reconciliation Possible? conference.
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Domestic Laws versus Aboriginal Visions: An Analysis of the Delgamuukw Decision

Articles » Scholarly, peer reviewed
Author/Creator
Candice Metallic
Patricia Monture-Angus
Borderlands E-Journal: New Spaces in the Humanities, vol. 1, no. 2, 2002, p. [?]
Examines significant court decisions from an Aboriginal perspective to illustrate the problems facing First Nations when dealing with the Canadian judicial system's inherent legal colonialism.
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Donald Marshall

Alternate Title
News in Review
Articles » General
Author/Creator
Canadian Broadcasting Corporation (CBC)
CBC-TV News in Review, September 1990, pp. 29-35
Classroom lesson plan to accompany segment on DVD Best of News in Review: Native Studies.
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Double Jeopardy: Motherwork and the Law

Book Reviews
Author/Creator
Dorinda Stahl
Canadian Woman Studies, vol. 22, no. 3/4, Migration, Labour and Exploitation, Trafficking Women and Girls, Spring/Summer, 2003, pp. 221-222
Book review of: Double Jeopardy: Motherwork and the Law in Canadian Women’s Studies by Lorna A. Turnbull.
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Dreaming from the Margins, Living in the In-Between: Identity, Culture, and the Power of Voice

Alternate Title
Contemporary American Indian History
[Yale National Initiative National Seminars]
Curriculum Units by National Fellows of the the Yale National Initiative ; 2016 Volume 1
Documents & Presentations
Author/Creator
Ludy P. Aguada

Uses historical documents in conjuction with Louise Erdrich’s The Round House, Sherman Alexie’s The Absolutely True Diary of a Part-Time Indian and Dreaming in Indian: Contemporary Native American Voices. Developed for use in Advanced Placement English Literature or Language classroom, Grades 11 and 12.

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Due North: James Madison, the American Modern Wall of Separation, and the Canadian Indian Residential Schools: New Lessons Concerning Older Notions about the Separation of Church and State

Articles » General
Author/Creator
Daniel R. Gordon
Cumberland Law Review, vol. 32, no. 2, 2001-2002, pp. 281-310
Argues that the Canadian experience of joint government/church involvement in residential schools proves the validity of American policy of separation of church and state, and the court decisions which upheld it.
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Duty to Consult

Documents & Presentations
Author/Creator
BearPaw Legal Education & Resource Centre
Deals with rulings issued by the courts stating that government and private companies must consult with communities when their actions could potentially affect Treaty or Aboriginal rights.
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Duty to Consult

Media » Film and Video
Author/Creator
Gerald Heckman
Discusses the right of Aboriginal title and duty to consult. Presents examples where Aboriginal people and the Crown have come together to reach an agreement. Duration: 7:30.
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The Duty to Consult and Accommodate Aboriginal Groups in Canada

Alternate Title
Policy Brief (Ivey Business School) ; September 2014
Documents & Presentations
Author/Creator
[Guy Holburn
Margaret Loudermilk
Andre Wilkie]
Overview of the development of Aboriginal rights beginning with the Royal Proclamation of 1763 and general discussion of consultation practices in Canada.
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The Duty to Consult Doctrine and Representative Structures for Consultation with Métis Communities and Non-Status Indian Communities

Alternate Title
Aboriginal Policy Research Series (Institute on Governance)
Documents & Presentations
Author/Creator
Dwight Newman
Aboriginal Policy Research

Analyzes implications of case law for off-reserve communities and for governments' interactions with them. Discusses the related issue of what forms of governance institutions and/or corporate organizations can pursue consultation on behalf of communities.

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Duty to Consult Does Not Apply to All Aboriginal Concerns

Alternate Title
Insights (McMilllan LLP)
Articles » General
Author/Creator
Robin M. Junger
Joan M. Young
Ruth Nieuwenhuis
[McMillan Aboriginal Law Bulletin], April 2017, pp. [1]-4
Comments on the variance in the application of the duty to consult.
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Duty to Consult Met in Forest Management Decisions on Treaty Lands

Articles » General
Author/Creator
Joan M. Young
[McMillan] Aboriginal Law Bulletin, July 2013
Comments on the Kwakiutl First Nations' objections to the province's decisions to allow a forestry company to remove its private lands from a tree farm licence and to approve a forest stewardship plan. Refers to Supreme Court of Canada's decision in Chartrand v. The District Manager.
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The Duty to Consult: What Aotearoa New Zealand Can Learn From Canada

Articles » General
Author/Creator
Sara Kate Battersby
Te Tai Haruru, vol. 4, 2013, pp. 4-26
Comments on the four sources rights of consultation for Aboriginal Peoples in Canda with the strongest and most extensive being the principle of honour of the Crown Entire journal on one pdf. To access article, scroll to page 4.
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E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia, [2005] 3 S.C.R. 45, 2005 SCC 60

Alternate Title
E.B. Appellant and Order of the Oblates of Mary Immaculate in the Province of British Columbia...
E.B. v. OMI of BC File No.: 29890.
Documents & Presentations
Author/Creator
Supreme Court of Canada
Found that the Oblates of Mary Immaculate were responsible for an employee who sexually assaulted a child at the residential school for First Nations.
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Editorial: It Takes All of Us to Enforce the Law

Alternate Title
It Takes All of Us to Enforce the Law: First Nations Child and Family Caring society of Canada et al. v. Attorney General of Canada
Articles » Scholarly, peer reviewed
Author/Creator
First Nations Child & Family Caring Society of Canada
[Sarah Clarke
Sébastien Grammond
Anne Levesque
David Taylor]
First Peoples Child & Family Review, vol. 13, no. 2, Special Audiovisual Edition, 2018, p. [5]
Links to a short film which examines the history and significance of a case in which the Canadian Human Rights Tribunal found Canada guilty of racial discrimination against First Nations Children. It Takes All of Us ... Duration 26:16.
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