Constitution

Looks at Canadian Aboriginal women activists and their fight for constitutional sex equality rights.

Presents a draft paper prepared for the Canadian/Indigenous Studies Association conference in Saskatoon, June 2, 2001 that discusses the history and definition of "Métis".

Comments on free, prior, informed consent (FPIC) which has become the new business standard when negotiating access to land resources on indigenous territories.

Committee structure is centred around four themes: country vision, structure of public power, land-territory and natural resources, and development model. To access this article, scroll down to page 50.

Lawyer discusses her involvement in court cases which addressed the question of who is entitled to status as an Indian under the Indian Act. Duration: 1:08:34.

Discussion of section 35 of the Constitution Act, 1982 and the fact that 22 years after its enactment, it is still unclear what "recognition" of aboriginal and treaty rights means.

Explains that the Constitution Act, 1982 does not diminish any of the the rights of Aboriginal peoples guaranteed by earlier Constitutional declarations or Agreements, but it provides additional guarantees.

Why the Constitution is so important to Aboriginal peoples.

Federation of Saskatchewan Indians asked the British Court to provide protection of Treaty and Aboriginal rights before the repatriation of the Canada Act.

Constitution whereby the Iroquois Confederacy was bound together.

Law Thesis (M.A.)--University of Saskatchewan, 1978.

Discusses the history of codifying societal and governance practices using examples from various First Nations, and argues that Gerald Vizenor's Constitution is part of this continuum. Scroll to page 48 for article.

Law Thesis (LL.M)--University of Victoria, 2005.

Debate at Chiefs Conference in Saskatoon over government's failure to accept their amendments to Indian Treaty and Aboriginal rights protection.

[Arctic and Northern Studies] Thesis (Ph.D.)--University of Alaska Fairbanks, 2005.

Presentation made at the Canadian Bar Association in 1992 examining the constitution, histories, and contemporary political processes of Aboriginal peoples in Canada.

Law Thesis (SJD)--University of Toronto, 2012.

Investigates the responses to each question.

Comments on the shared responsibility of the Aboriginal people and the federal and provincial governments to reconcile constitutional rights to education. Scroll to page 81 to read article.

Discusses the importance of traditional governance systems, and efforts for revising constitutions to support Indian Nations' sovereignty including changing the criteria for White Earth citizenship. Duration: 55:50. Includes transcript. Requires creation of free account to access materials.

Discusses the development of judicial recognition of Indigenous rights in Canada.

"The purpose of this paper is to illustrate a range of options for constitutional reform in order to promote discussion and exploration of specific possibilities for Australia".

Looks at the organization, The National Métis Women of Canada (NWAC) and their involvement in the Charlottetown Accord.

Paper written for conference "Impact of the Haida and Taku River Decisions". Sponsored by the Pacific Business and Law Institute held January 26-27, 2005 in Vancouver. Summary of court decision and clarification of Aboriginal Rights.

Article from 1993 Conference proceedings, discussing Metis rights to self-government, lands, and how these pertain to law and justice. 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.

Law Thesis (L.L.M.)--York University, 1994.

Case involving the section of the Indian Act which dealt with off-reserve residents eligibility to vote in matters concerning the community.

Transcript of judge's decision in the case of a woman charged with illegal possession of peyote.

Sociology Thesis (Ph.D.)--University of Alberta, 2005.

Reviews policy papers, reports and self-governance agreements to show the present state of First-Nations rights to control education as well as forms of institutional arrangements and agreements for educational self-determination.

Law Thesis (M.L.)--The University of British Columbia, 1992.

Outlines guiding first principles by examining significant case law as well as discussing the inherent right to self-governance and steps toward reconciliation.

Discusses the evolution of Aboriginal rights, concepts of identity and culture, theory of group rights, and consequences of the cultural test adopted by the Supreme Court of Canada.

Film about Conferences on the Constitutional Rights of the Aboriginal Peoples of Canada. Duration: 57:18

Film about the 1980s Canadian constitutional negotiations and self-government. Duration: 50:08.

Brief overview of court decisions involving the validity of oral history and discussion of specific stories, their meaning, and relationship to written accounts recorded by traders.

Discusses case involving Métis and Non-Status Indians. Plaintiffs sought three declarations: that the two groups are "Indians" as defined by the Constitution Act, 1867; that the Crown owes a fiduciary duty to them; and they have the right to be consulted and negotiated with as to their rights, interests, and needs.

Author argues that race is an idea and not a biological fact, therefore Aboriginal rights are not products of ill-conceived "race-based" notions, but rather they are fundamental values and general principles.

Presents the official response to the 1969 federal government White Paper.

Discusses the rights and principles contained in the United Nations General Assembly's resolution and how they apply in Canada. Duration: 7:54.

Analyzes proposals regarding self-government in the Charlottetown Accord, and asses the impact of the defeat of the accord on future relations between aboriginal peoples and the Canadian state.

Looks at the intellectual, structural and political attributes of the British Columbia Treaty Commission (BCTC) process in order to see why it failed. Provides recommendations for future collaboration between governments and Indigenous Nations. Paper from Indigenous Peoples in the International Sphere.

Clarifies what guidance the courts and laws have offered in deciding who is a Mi'kmaw.

Focuses on the case law related to the application of the standard laid out in the Sparrow case.

Discussion of how courts have defined term "Métis peoples" with particular reference to R. v. Powley.

Comments on a claim that covered both land settled by Euro-Canadians and unsettled land. Entire issue on one pdf. To access article, scroll to page 6.

Case in which the Supreme Court of Canada made its definitive statement about the nature of aboriginal title.

Looks at the limits of Indigenous autonomy in Canada and presents Indigenous people as being politically distinct.