Constitution

Displaying 201 - 250 of 642

Descheneaux v. Canada, 2015 QCCS 3555 – Case Summary

Documents & Presentations
Author/Creator
Mandell Pinder
Description
Court considered whether registration provisions, which determine eligibility for status, in the Indian Act continued to discriminate against women and their descendants and limited their ability to pass on status, as compared to men. Found that several sections infringed on rights found in section 15 of the Canadian Charter of Rights and Freedoms, declared those sections inoperative, and gave Canadian government 18 months to enact new legislation.
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The Duty of Consultation and Treaty No. 8

Documents & Presentations
Author/Creator
DGW Law Corporation
Description
Defines the level of consultation that the Crown is responsible for when dealing with a treaty First Nation and the obligations to implement treaty promises.
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Duty to Consult

Media » Film and Video
Author/Creator
Gerald Heckman
Description
Discusses the right of Aboriginal title and duty to consult. Presents examples where Aboriginal people and the Crown have come together to reach an agreement. Duration: 7:30.
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The Duty to Consult and Accommodate Aboriginal Groups in Canada

Alternate Title
Policy Brief (Ivey Business School) ; September 2014
Documents & Presentations
Author/Creator
[Guy Holburn
Margaret Loudermilk
Andre Wilkie]
Description
Overview of the development of Aboriginal rights beginning with the Royal Proclamation of 1763 and general discussion of consultation practices in Canada.
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The Duty to Consult: What Aotearoa New Zealand Can Learn From Canada

Articles » General
Author/Creator
Sara Kate Battersby
Te Tai Haruru, vol. 4, 2013, pp. 4-26
Description
Comments on the four sources rights of consultation for Aboriginal Peoples in Canda with the strongest and most extensive being the principle of honour of the Crown Entire journal on one pdf. To access article, scroll to page 4.
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Empowering Treaty Federalism

Articles » Scholarly, peer reviewed
Author/Creator
James [sákéj] Youngblood Henderson
Saskatchewan Law Review, vol. 58, 1994, pp. 241-329
Description
Examines treaty federalism as a relationship and not just an idea, also argues for consolidation of treaty federalism and provincial federalism.
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The Endorois and Their Lost Heritage

Articles » General
Author/Creator
Bill Rutto
Korir Sing'oeie
Indigenous Affairs, no. 4, Land Rights: A Key Issue, 2004, pp. 47-50
Description
Discusses effects the creation of Lake Hannington Games Reserve has had on traditional culture and religious lifestyle of the Endorois people living by Lake Bogoria. To access this article, scroll down to page 47.
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Ernest L. Debassigae

Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
Ernest Debassigae
Tony Snowsill
Christine Welsh
Indian History Film Project
Description
An interview with Ernest Debassigae who gives his opinion of the education of Indian people, the role of Indians in the Canadian military and in the Canadian constitution. Transcribed by Joanne Greenwood.
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Ernest L. Debassigae 3

Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
Ernest Debassigae
Tony Snowsill
Christine Welsh
Indian History Film Project
Description
An interview with Ernest Debassigae who recounts the history of the Manitoulin Island Indians and problems with Indian agents. Transcribed by Joanne Greenwood.
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The Evolving Right of Self-Determination of Indigenous Peoples

Articles » Scholarly, peer reviewed
Author/Creator
Paul J. Magnarella
St. Thomas Law Review, vol. 14, 2001 - 2002, pp. 425-447
Description
Examines the right of self determination in the United Nations Declaration and outlines two types of constitutive processes that should sharply reduce the human rights violations experienced by indigenous peoples.
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Exploring the Constitutional Sources of a First Nation’s Right To Tax

Articles » General
Author/Creator
Devrin Q. Froese
Canadian Tax Journal, vol. 55, no. 4, 2007, pp. 777-802
Description
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.
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Fear and Contempt: A European Concept of Property

Articles » Scholarly, peer reviewed
Author/Creator
Sidner Larson
American Indian Quarterly, vol. 21, no. 4, Cultural Property in American Indian Literatures: Representation and Interpretation, Autumn, 1997, pp. 567-577
Description
Author highlights the ways that the United States’ Legal System has been used by the colonial state government to remove the land and rights of Indigenous peoples.
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Federal Constitutionalism and Aboriginal Difference

Articles » Scholarly, peer reviewed
Author/Creator
Jean LeClair
Queen's Law Journal, vol. 31, 2006, pp. 521-535
Description
Author outlines a new approach which he calls Federal Constitutionalism, which he thinks will open up avenues for resolution of many legal issues.
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Federal-Provincial Responsibility in the Area of Criminal Justice and Aboriginal Peoples

Alternate Title
Federal Provincial Responsibility in the Area of Criminal Justice and Aboriginal Peoples
Articles » Scholarly, peer reviewed
Author/Creator
A. Wayne Mackay
University of British Columbia Law Review, vol. 26, Special Edition on Aboriginal Justice, 1992, pp. 314-323
Description
Considers what change is possible within the existing constitutional framework, while setting aside s. 35 of the Constitution Act, 1982 in this essay.
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Federal Systems and Accommodation of Distinct Groups: A Comparative Survey of Institutional Arrangements: Paper Prepared as Part of the Research Program of the Royal Commission on Aboriginal Peoples

Documents & Presentations
Author/Creator
Ronald L. Watts
Description
Comparison made on four bases: constitutional recognition of Indigenous population, provisions for self-government, special arrangements for representation in political institutions, and administrative jurisdictions. Looks at examples from around the world.
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Fiduciary Relationship as Contemporary Colonialism

Articles » Scholarly, peer reviewed
Author/Creator
Christina Yui Iwase
Arbutus Review, vol. 3, no. 2, Special Focus on Indigenous Governance, 2012, pp. 98-115
Description
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.
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The Fiji Coup of May 2000 and The Indigenous Question

Articles » General
Author/Creator
Steven Ratuva
Indigenous Affairs, no. 3, Indigenous Women, July/August/September 2000, pp. 52-57
Description
Article examines some of the multi-dimensional aspects of the factors contributing to the coup. To access this article scroll down to page 52.
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First Nations and Aboriginal Rights

Articles » General
Author/Creator
Andrew Bear Robe
Constitutional Forum, vol. 2, no. 2, 1991, pp. 46-49
Description
Discusses Federal land claim policy and Indian title.
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First Nations and the Resource Future: The Path to Economic Partnership

Alternate Title
North at Trent 2015 Lecture Series
Saskatchewan First nations and the Province s's Resource Future
Media » Film and Video
Author/Creator
Perry Bellegarde
Description
National Chief of the Assembly of First Nations discusses Saskatchewan's current resource-based boom, necessity for collaboration, and impact and benefit agreements with governments and companies. Duration: 2:00:34.
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First Nations, First Thoughts Conference: Abstracts and Papers

Web Sites » Organizations
Author/Creator
Centre of Canadian Studies
University of Edinburgh
Description
Website contains links, some with access to the full text of presentations, from a conference which explores intellectual thought and cultural development of Aboriginal peoples in Canada. Many of the presenters were Canadian.
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First Nations, Métis, Inuit: Outcomes & Indicators: Grades K-3

Documents & Presentations
Author/Creator
South East Cornerstone Public School Division #209
Description
Identifies four goals as the basis for building understanding and nurturing appreciation: treaty relationships, spirit and intent of treaties, historical contexts of treaties and treaty promises and provisions.
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