Constitution

Aboriginal Spirituality and the Legal Construction of Freedom of Religion

Articles » Scholarly, peer reviewed
Author/Creator
Lori G. Beaman
Journal of Church and State, vol. 44, no. 1, Winter, 2002, pp. 135-149
Description
Argues that Aboriginal spirituality is legally constructed outside of the boundaries of religious freedom and discusses problems faced by religious minorities in a Christian dominated society.
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Aboriginal Title and Rights: Foundational Principles and Recent Developments

Alternate Title
Annual Review of Civil Litigation 2008
Constitutional and Human Rights Conference ; 2009
The McLachlin Court's First Decade: Reflections on the Past and Projections for the Future
E-Books » Chapters
Author/Creator
Maria Morellato
Mandell Pinder
Description
Chapter from: Annual Review of Civil Litigation 2008 edited by Todd L. Archibald, Randall Scott Echlin. Looks at Aboriginal title, rights and legal obligations.
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Aboriginal Title as a Constitutionally Protected Property Right

Alternate Title
Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision
E-Books » Chapters
Author/Creator
Kent McNeil
Description
Chapter in book: Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision edited by Owen Lippert. Focuses on definition of Aboriginal title according to the courts, as both a property and constitutional right.
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Aboriginal Victories at Constitutional Talks

Alternate Title
Aboriginal Victories at Constitutional Talks; Oldman Dam Opponents Receive Support; Arrests at Logging Blockade
cs canada 16.3
Articles » General
Cultural Survival Quarterly, vol. 16, no. 3, Speaking for Ourselves, Fall, 1992
Description
Discussion of an aboriginal consitution success, a recommendation to the government regarding an environmental assessment, and a protest staged in Saskatchewan.
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The Aboriginal Voice in the Canadian Unity Debate

Articles » Scholarly, peer reviewed
Author/Creator
Ted Moses
Native Studies Review, vol. 12, no. 2, Aboriginal Peoples and National Rights Issues in Quebec, 1999, pp. 121-134
Description
Discusses the Cree's right to refuse to secede from Canada if Quebec separatists were successful and the lack of federal government's acknowledgement of, or support for, their position.
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Aboriginal Women and Self-Government: Challenging Leviathan

Articles » Scholarly, peer reviewed
Author/Creator
Katherine Beaty Chiste
American Indian Culture and Research Journal, vol. 18, no. 3, 1994, pp. 19-43
Description
Examines the grassroots rejection of the 1992 Charlottetown Accord, which was spearheaded by the Native Women's Association of Canada (NWAC).
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Aboriginal Women and the Implementation of Bill C-31

Alternate Title
NWAC Presentation
Documents & Presentations
Description
Brief document outlines issues around application of the Canadian Charter of Rights and Freedoms to governments created by the Indian Act i.e. individual versus collective rights.
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Aboriginal Women, The Constitution and Criminal Justice

Articles » Scholarly, peer reviewed
Author/Creator
Donna Greschner
University of British Columbia Law Review, vol. 26, Special Edition on Aboriginal Justice, July 1992, pp. 338-359
Description
Comments on the Constitution and the historical indifference of the criminal justice system toward Indigenous women.
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About the 1967 Referendum

Documents & Presentations
Author/Creator
[Victorian Curriculum and Assessment Authority]
Description
Looks at the significance, history and results of the referendum to change the Australian Constitution by eliminating provisions which prevented Federal Government from making laws for Aboriginals and excluded them from being counted in census.
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An Abridgement of Constitutional Rights?

Articles » Scholarly, peer reviewed
Author/Creator
Harold G. Begay
Journal of American Indian Education, vol. 18, no. 3, May 1979, pp. [1-4]
Description
Compares education policies and practises with some related federal legislation and court opinions on citizenship status and Constitutional rights.
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Adam Solway Interview 2

Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
Adam Solway
Christine Welsh
Tony Snowsill
Indian History Film Project
Description
This is a continuation of an interview with Adam Solway on January 29, 1983 on the Blackfoot Reserve.
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Adam Solway Interview 3

Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
Adam Solway
Christine Welsh
Tony Snowsill
Indian History Film Project
Description
Adam Solway talks about treaty rights vis-a- vis the Canadian Constitution.
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Alternative Dispute Resolution and Aboriginal-Crown Reconciliation in Canada

Alternate Title
Tendencies in Mediation
E-Books » Chapters
Author/Creator
Roshan Danesh
Jessica Dickson
Description
Chapter in book: Contemporary Tendencies in Mediation edited by Humberto Dalla Bernardina de Pinho, Juliana Loss de Andrade. Looks at the use of mediation in reconciliation of lands and resources. Scroll down to page 67 for chapter.
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An Analysis of the Canada Act

Articles » General
Author/Creator
Rodney Soonias
Saskatchewan Indian, Constitutional Special Edition, April 1982, pp. 38-39
Description
Viewpoint on Aboriginal and Treaty rights in the Canadian Constitution.
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Annotated Bibliography Aboriginal Self Determination: Are We There Yet?

Alternate Title
[ Aboriginal Self-Determination?: An Assessment of Enabling Legislation Permitting First Nations to Assume Some Degree of Control over Their Lands, Resources, Moneys and Development]
Documents & Presentations
Author/Creator
David K. Laidlaw
Description
Includes: primary (legislation and jurisprudence case law) and secondary sources.
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Are Municipalities Creatures of the Provinces?

Articles » Scholarly, peer reviewed
Author/Creator
Warren Magnusson
Journal of Canadian Studies, vol. 39, no. 2, Spring, 2005, pp. 5-29
Description
States that a reinterpretation of the Canadian constitution with respect to self-government must take place to redress past injustices against First Nations.
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Athabasca Denesuline Special Report on the Treaty Harvesting Rights of the Fond Du Lac, Black Lake and Hatchet Lake First Nations

Documents & Presentations
Author/Creator
Indian Claims Commission
Description
FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Final, special report examines the legal review of the Athabasca Denesuline claim for formal recognition of treaty harvesting rights north of the 60th parallel. Commissioners were 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.]
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Bearing and Sharing the Duty to Consult and Accommodate in the Grey Areas in Consultation: Municipalities, Crown Corporations and Agents, Commissions, and the Like

Documents & Presentations
Author/Creator
Nancy Kleer
Lorraine Land
Judith Rae
Description
Looks at role of tribunals in reference to Rio Tinto Alcan Inc. et al. v. Carrier Sekani Tribal Council and the implication of this decision on roles of various commissions. Paper from the Canadian Institute Conference held February 24, 2011.
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Best Practices for Consultation and Accommodation

Documents & Presentations
Author/Creator
Meyers Norris Penny
Description
Guide provides Aboriginal perspective on "consultation in good faith" and outlines practices needed to gain positive results for First Nations in British Columbia.
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Beyond Section 35: Symposium Discussion Paper

Documents & Presentations
Author/Creator
Institute on Governance
Description
Describes intent in the making of the section, what has occurred in terms of "Inherent Rights" agenda with respect to governance and self-government, and makes recommendations for further research.
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