Constitution

Chapter 12 of: Reclaiming Indigenous Voice and Vision, edited by Marie Battiste.

Examines how the Meech Lake Accord resulted in increased activism and the implications for national politics and Aboriginal policy. Also explores how the momentum of that period has been lost and what could be done to renew it.

Comments on a judgement made by the Supreme Court of Canada affirming that the term "Indian" in s.91(24) of the Constitution Act, 1867 includes Métis and Non-Status Indians.

Law Thesis (LL.M.)--University of Saskatchewan, 2001.

Outlines problems with the Bill and makes recommendations for amendments to it which would remove all discrimination against women.

Explains the Duty to Consult and Accommodate, Section 35 of the Constitution Act of 1982 to protect Aboriginal and treaty rights.

Historical background and submission to Indian Claims Commission (ICC) regarding the loss of 4500 square miles of land by the two First Nations. ICC found breaches of Treaty and other fiduciary obligations and recommended the claim be negotiated under Canada's Specific Claims Policy. Commissioners include: Harry S. LaForme, Daniel J. Bellegarde, and P. E. James Prentice. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Looks at how the Powley decision has placed Métis issues on the policy map.

Conference to assess amendments to the Constitution Act of 1982.

Clarifies some of the confusion around Métis rights, affirms the uniqueness of the Métis situation and argues for legal pluralism.

Provides an overview and a summary of the Northwest Territories Supreme Court's decision.

Political Science Thesis (M.A.)--University of Waterloo, 2014.

Brief statement from 1993 Conference proceedings, mentions provincial interest in defining roles of the three levels of government, and recognition by province of the inherent right of self-government. Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.

Book review of: The Quest for Justice edited by Menno Boldt and J. Anthony Long.

Decision or ruling regarding hunting on privately owned land ceded by treaty.

Examines the removal of the constitution as an excuse by the government when negotiating Métis Aboriginal rights and socioeconomic needs on Non-Status Indians.

Court proceedings regarding 2 individuals charged ,under s. 61(1) of the Fisheries Act, with attempting to fish without the proper licence.

Argues that recognition of title or ownership, as shown by these court cases, is a function of the executive and legislative branches of government.

Comments on the Supreme Court's decision which upheld and enforced the treaty right of Tsartlip hunters to hunt safely at night with lights.

Judgment on the right to sell fish under a food fishing license.

Decision on the right to sell fish on a non-commercial basis.

Comments on the case, McIvor v The Registrar, that had the potential to correct the history of sex discrimination in the Indian Act but failed.

Looks at legislative acts and extinguishment by the Crown of Native title to land.

Historical background and submission to Indian Claims Commission (ICC) regarding the loss of 4500 square miles of land by the two First Nations. ICC found breaches of Treaty and other fiduciary obligations and recommended the claim be negotiated under Canada's Specific Claims Policy. French language version. Commissioners include: Harry S. LaForme, Daniel J. Bellegarde, and P. E. James Prentice. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

Examines the fundamental role played by the Iroquois in the evolution of democracy in the USA and illustrates use of that knowledge by other countries.

Presented at the 6th Annual Forum on Aboriginal Law, Consultation and Accommodation, February 22-23, Toronto, Ontario. Discusses how duty to consult and accommodate is being affected by recent case law.

Comments on the disparaging position of the Bangladesh government of Bangladesh regards rights of Indigenous Peoples.

Analysis of a series of cases to illustrate how the line of reasoning varies in decisions that attempt to reconcile Aboriginal rights and the interests of other parties; author examines judges decisions in relation to reconciliation and justification.

Looks at the differences and the commonalities between individual, legal, and social reconciliation.

Examines legal framework used by the courts to advance relations between the Crown and Aboriginals.

Dialogue of 120 community leaders identified shared principles and approaches to support injustices in Canadian society. Discusses the Japanese/Canadian Redress Settlement in 1988 as a template for reconciliation. Duration: 12:49.

Book review of: Reconciling Sovereignties by Felix Hoehn.

Law Thesis (LL.M.)--Queen's University, 2009.

Reports on the recollections of the 1967 Commonwealth Referendum by two veteran Australian Indigenous activists at a forum held at the Aboriginal Law Centre of the University of New South Wales.

First speaker talks about the Federal government's duty to consult Aboriginals when making decisions that affect them, rights under the Constitution, and Bill C-45. Second discusses how a meaningful dialogue between Aboriginal and non-Aboriginal Canadians might be established. Duration: 22:26.

Reflects on Frank Calder's part in the first modern-day land claims agreement in British Columbia.

Law Thesis (LL.M.)--University of Toronto, 2003.

Discusses the duty of consultation, its' sources and upon whom the duty is imposed.

Volume 5 of Report of the Royal Commission on Aboriginal Peoples.

Reviews human rights issues around social and economic conditions, truth and reconciliation, missing women and girls, self-government participation and partnership, treaty negotiation and resource development. Provides recommendations. Advance unedited version.

Independent joint report on priority actions for First Nations education regarding First Nations Rights.

Follow-up review of implementation of recommendations from 1993 report. Related material: 2021 Follow-up Report.

"This paper argues that there has been a mildly positive trend in the recognition of Aboriginal land rights in Australia, along with an ever-increasing demand for sovereignty, as demonstrated by the proclamation of the Republic of Murrawarri."

Discusses the demand for land development and how the requirements and procedures vary from First Nation to First Nation.

Argues that when the state fails to uphold the rule of law with respect to Aboriginal rights and takes actions that contravenes these rights, civil disobedience should be an option.

Integrated Studies Project (M.A.)--Athabasca University, 2012.

Volume 2 of Report of the Royal Commission on Aboriginal Peoples.