Case Law

Tells the story of the Papaschase Cree Indian Reserve Number 136. Includes photos of Frank Oliver, editor of the Bulletin, his home, Betsy Brass, and a historical map of the reserve.

Reviews the Constitutional and statutory basis for the education of Aboriginal Canadians, related case law, and control of curriculum content. Chapter five in: Educational Administration for Canadian Teachers.

Meant to educate people about who the Métis are, where they come from, and where they live today in British Columbia. First part focuses on identity and its importance; second part focuses on contemporary life.

Court ruled that Correctional Service of Canada breached its statutory duty when it used risk assessment tests that had not been proven accurate when used with Indigenous offenders.

Indigenous Studies Thesis (Ph.D.)--Trent University, 2017.

Studies judicial case law surrounding Aboriginal title which the authors argue displays a clear preference for the status quo.

Looks at the the effects of the Marshall decision between Fisheries and Oceans Canada and the various reserve communities; the attempts to preserve traditional forms of life; and the ongoing governance of reserves.

Sociology Thesis (Ph.D.)--University of Arizona, 2003.

Discusses the Supreme Court of Canada's decision that the federal government's jurisdiction over First Nations and Inuit people extends to the Métis.

Discussion and history of s. 718.(2) (e) of the Criminal Code which says that particular attention must be paid to the circumstances of Aboriginal offenders.

Examines background and implications of the landmark Supreme Court decision which, for the first time, granted Aboriginal title outside a reserve.

Traces history of discrimination in the Act and gives timeline for the Bill. Proposed amendments came about as a result of the Quebec Superior Court's ruling in the Descheneault case.

Criminology and Criminal Justice Policy Thesis (M.A.)--University of Guelph, 2016.

Presents key issues and discussion, with emphasis on the Northern Gateway Project.

Examines how this novel about sexual abuse against Native women disrupts readers and scholars' expectations. Entire issue on one pdf. To access article, scroll to page 25.

Presents a case about oil and gas royalties and discusses whether the Crown has a fiduciary obligation to invest.

Illustrated the attitudes of the courts in the early 1960s and customary law in the case of Re Noah Estate or, as it was more commonly referred to at the time, the "Eskimo marriage" case.

Comments on the varied sources of authority Federal court judges use to sanction bad behaviour by lawyers.

Looks at Federal District Judge H. Russel Holland's decision about the infamous oil spill of the Exxon Vuldez (Order No. 190 in the U.S. District Court of Alaska, 23 March 1994).

When law suits arose claiming that there had been damage done to Native culture by the March 1989 oil spill, the Exxon Corporation responded that Aboriginal culture had already been "smashed" and that the small differences between Natives and non-Natives in the spill area were "ethnic" and not cultural in nature.

Author discusses testimony he has given in treaty rights harvesting cases and land claims cases he has testified for and the outcomes.

Critique of past anthropological practices, and discussion of issues raised in Van der Peet and Delgamuukw court cases, and the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans.

Supreme Court of Canada decision illustrates the influence of common law on government policy.

Law Thesis (Ph.D.)--University of Waikato, 2016.

Discusses the Canadian courts interpretation of the doctrines of discovery and extinguishment, and how this interpretation may impact on future Aboriginal land claims.

Law Thesis (M.LL.)--University of Manitoba, 2017.

Documentation of the Sioux Nation litigation process outlined in a timeline dated from 1920 to 1985.

Political Science Thesis (Ph.D.)--University of Alberta, 1997.

Contends that the basis for generating revenues from property relies on one of two sources: section 91(3) of the Constitution Act of 1867, or section 35(1) of the Constitution Act of 1982 and that the scope of power may depend on which source has been used.

Argues that from the case Chippewas of Sarnia there may be a third method of extinguishment of Aboriginal title; extinguishment by exercise of judicial discretion.

Commentary looks at crown grants from the view of American case law.

Looks at sentencing in Canada and Bill C-41.

Argues that judges' interpretations of history, which cannot be separated from the context from which it arises, does indeed become "fact" because of the nature of the legal process.

Case involves the Canadian government's refusal to provide survivors and the Truth and Reconciliation Commission with records regarding the Ontario Provincial Police's investigation into abuses committed at the school located in Fort Albany.

Looks at impact of federal and provincial jurisdictional and funding disputes, Canadian governments' delayed funding and implementation of Jordan's principle, The Canadian Human Rights Tribunal decision, and the court case Pictou Landing Band Council and Maurina Beadle (applicants) v. Attorney General of Canada.

Author outlines a new approach which he calls Federal Constitutionalism, which he thinks will open up avenues for resolution of many legal issues.

Extracts of a 2019 class action lawsuit court filing against the federal government due to their failure to address climate change in Canada. Four of the plaintiffs from British Columbia's complaints are provided, including two plaintiffs of indigenous descendant.

Provides United State Supreme Court Decisions and Federal Courts of Appeal case information.

History Thesis (Ph.D.)--University of Ottawa, 1994.

Comments on the failure of the Federal government to properly manage revenue trust funds for Aboriginal peoples.

Law Thesis (LL.M.)--University of Ottawa, 1993.

Examines various cases with respect to fiduciary obligations of the Crown, and argues that there seems to be a movement to discount the distinction between surrendered and unsurrendered reserve land.

Chapter sixteen in book: The Law of Trusts: A Contextual Approach 2nd edition, edited by Jeffrey Bruce Berryman, Mark R. Gillen, and Faye Woodman.

Looks at the Supreme Court of Canada's tendency to characterize Aboriginal rights as arising from the Crown's fiduciary responsibilities, rather than being inherent.

Law Thesis (LL.M.)--University of Saskatchewan, 1990.

Discusses court case and Justice Allan McEachern's rejection of expert testimony showing Aboriginal land ownership through oral histories.

Discusses Indian Affairs Branch decision to advocate for limited exemption from overseas combat service in cases where verbal agreements had been reached concerning military participation during the course of negotiations for Treaties 3,6,8, and 11.