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.
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.
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.
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.
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.
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.
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.
Document defines the consultation framework including a brief background summary, definition of the issues that will be addressed and the questions that will be used as a starting point for discussion at the meeting November 5 and 6, 2013.
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.
[ 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.
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.
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.]
Discusses amendments to the Act involving reinstatement of status that had been lost due to gender discrimination in the previous Act, the issue of transmission of status to children, difficulties in producing documentation, and band membership vs. status.
Presents an introduction to Aboriginal title and how it is a collective right by an Aboriginal group for the exclusive use of occupation of land which may, or may not, be traditional use.
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.
Guide provides Aboriginal perspective on "consultation in good faith" and outlines practices needed to gain positive results for First Nations in British Columbia.
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.