Constitution

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Imagining Justice

Book Reviews
Author/Creator
Kristina Fagan
Canadian Literature, no. 176, Spring, 2003, pp. 122-124
Fagan reviews two books, Citizens Plus: Aboriginal Peoples and the Canadian State by Alan C. Cairns and Justice in Paradise by Bruce Clark. Entire issue on one pdf. To access book reviews, scroll to page 122.
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Implementing the Treaty Order

Alternate Title
Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice
E-Books » Chapters
Author/Creator
James Youngblood Henderson
pp. 52-62
Article from 1993 Conference proceedings, considers the authority and role federal, provincial and Treaty orders play in Canada and these three orders must work together for positive change to occur. 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.
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The Implications for Australia of Recent Canadian Experience

Alternate Title
ANTar National Seminar: Forging a New Relationship
Documents & Presentations
Author/Creator
Peter Jull
Provides overview of recent Canadain progress on Indigenous policy. Presentation at the ANTaR National Seminar: Forging a New Relationship.
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Indian Preference and Michigan's Elliott-Larsen Civil Rights Act

Alternate Title
Indigenous Law & Policy Center Occasional Paper Series
Indigenous Law & Policy Center Working Paper ; 2010-02
Documents & Presentations
Author/Creator
Erin Lillie
Indigenous Law & Policy Center Working Paper
Discusses the Act which prohibits employment discrimination based on religion, race, colour, national origin, age, sex, height, weight, familial status or marital status.
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Indian Women's Right

Articles » General
Manitoba Law Journal, vol. 6, 1974, pp. 195-209
Searches for a legal mechanism for Indigenous human rights in relation to the failure of the Canadian Bill of Rights to protect Aboriginal women.
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Indigenous Justice in Bolivia in the Context of the Plurinational State

Articles » General
Author/Creator
Elba Flores Gonzáles
Indigenous Affairs, no. 1-2, Development and Customary Law, 2010, pp. 70-75
Overview of the development of local systems of justice, based on harmony and balance, from within the larger state system. To access this article, scroll down to page 70.
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Indigenous Perspectives Education Guide

Documents & Presentations
Author/Creator
Historica Canada

Teacher's resource includes lesson plans, classroom activities, links to online resources, and worksheets divided into five sections with associated themes: human geography (Indigenous peoples, civilizations and territories; contact to 1763 (encounters with Europeans); 1763 to 1876 (oral histories and biographies); 1876 to 1914 (policies and politics); 1914 to 1982 (separate and unequal); and 1980s to present day (toward reconciliation).

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Indigenous-Settler Treaty Making in Canada

Alternate Title
Honour Among Nations? Treaties and Agreements with Indigenous People
E-Books » Chapters
Author/Creator
Bradford W. Morse
Comments on the value of treaty making for both parties. Chapter 2 from Honour Among Nations? Treaties and Agreements with Indigenous People edited by Kathryn Shain, Marcia Langton, Maureen Tehan, Lisa Palmer.
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International Comparison of Solutions to Aboriginal Rights Issues Associated With Mineral Development: Free, Prior and Informed Consent: The Canadian Context

Documents & Presentations
Author/Creator
Alexandria J. Pike
Sarah V. Powell
Contends that Impact and Benefit Agreements (IBAs) can help to build constructive and mutually beneficial relationships between mining companies and Aboriginal communities. Part of: Proceedings of the 59th Annual Rocky Mountain Mineral Law Institute (2013)
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Interpreting Sui Generis Treaties

Articles » Scholarly, peer reviewed
Author/Creator
James Youngblood Henderson
Alberta Law Review, vol. 36, no. 1, Symposium on Aboriginal Legal Issues, December 1997, pp. 46-96
Explores the "interpretive principle introduced by the Supreme Court of Canada"; analyzes rights in the context of and intent of Treaty and concludes the Court is affirming Aboriginal worldviews and diversity within the Constitution.
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Introduction: Advocacy Research and Native Studies

Articles » Scholarly, peer reviewed
Author/Creator
Frank Tough
Native Studies Review, vol. 6, no. 2, Advocacy and Claims Research, 1990, pp. 1-12
Introduction to this volume of the Native Studies Review, which focuses on research strategies that support Native rights and claims.
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Introduction: Ghost Dancing and S.35

Alternate Title
Anomalies
Ghost Dancing with Colonialism: Decolonization and Indigenous Rights at the Supreme Court of Canada
Law and Society Series
E-Books » Chapters
Author/Creator
Grace Li Xiu Woo
Law and Society Series
Briefly looks at some Indigenous-colonial conflicts and questions whether Supreme Count decisions with respect to "aboriginal and treaty rights" have represented significant change. Excerpt from Ghost Dancing with Colonialism: Decolonization and Indigenous Rights at the Supreme Court of Canada.
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Introduction to Document One

Alternate Title
[Document One]: Sections Pertaining to Aboriginal Peoples in the Consensus Report on the Constitution [Charlottetown Accord] August 28, 1992
Articles » Scholarly, peer reviewed
Author/Creator
James B. Waldram
Native Studies Review, vol. 8, no. 2, 1992, pp. 115-128
Introduction and document on meetings with the federal, provincial and territorial governments as well as representatives of Aboriginal peoples, to recognize and identify First Nations’ powers of self-government and to reach consensus on a set of constitutional amendments.
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Inuit Dreams, Inuit Realities: Shattering the Bonds of Dependency

Articles » Scholarly, peer reviewed
Author/Creator
Janet Mancini Billson
American Review of Canadian Studies, vol. 31, no. 1-2, [Aboriginal Peoples: Special Issue], Spring/Summer, 2001, pp. 283-299
Comments on the creation of Nunavut Territory and the benefits this presented to the Inuit people including renewed sense of pride, identity and autonomy.
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[Is Australia Big Enough for Reconciliation?]

Alternate Title
The Annual ANU Reconciliation Lecture ; 2014
Media » Film and Video
Author/Creator
Fred Chaney
Presenter discusses how reconciliation is about more than equality but also about recognizing the possibility of continuing difference. Duration: 31:44.
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John "Rocky" Barrett: Constitutional Reform and the Citizen Potawatomi Nation's Path to Self-Determination

Alternate Title
Leading Native Nations Interview Series
Media » Film and Video
Author/Creator
John "Rocky" Barrett
Ian Record
Examines the self-determination, governance, and development issues facing Indian Country, including building effective governments, developing strong economies, solving difficult social problems, and balancing cultural integrity and change. Duration: 1:02:39. Includes textual transcript. Requires creation of free account to access materials.
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Jurisprudential Challenges

Alternate Title
The Other Declarations in Daniels: Fiduciary Obligations and the Duty to Negotiate
[Daniels: In and Beyond the Law]
[History, Jurisdiction, and Identity in Daniels v Canada]
[The Chicken and the Egg: Unanswered Questions from Daniels
Media » Film and Video
Author/Creator
Eric Adams
Catherine Bell
Paul Seaman
Three presenters discuss the Daniels decision: First looks at the decision in terms of history, jurisdiction, and identity and citizenship; second analyzes the reasons given by the court for denying two declarations that were sought in the case; and third discusses problem of who can legitimately decide if someone is part of the Métis collective. Duration: 1:08:05. Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.
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[Justice Binnie on Reconciliation. Part 1]

Alternate Title
Symposium on Reconciliation ; Toronto, Ontario February, 2011
Media » Film and Video
Author/Creator
Ian Binnie
Honourable Justice Ian Binnie, Supreme Court of Canada, speaks at the Symposium on Reconciliation in Toronto, Ontario, February, 2011. Duration: 5:46. Part 1 of 5.
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[Justice Binnie on Reconciliation. Part 3]

Alternate Title
Symposium on Reconciliation ; Toronto, Ontario February, 2011
Media » Film and Video
Author/Creator
Ian Binnie
Honourable Justice Ian Binnie, Supreme Court of Canada, speaks at the Symposium on Reconciliation in Toronto, Ontario, February, 2011. Duration: 5:59. Part 3 of 5.
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[Justice Binnie on Reconciliation. Part 4]

Media » Film and Video
Author/Creator
Ian Binnie
Honourable Justice Ian Binnie, Supreme Court of Canada, speaks at the Symposium on Reconciliation in Toronto, Ontario, February, 2011. Duration: 4:33. Part 4 of 5.
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