Property (Real, Intellectual, Cultural)

Examines the controversial law enacted in 1849 to compensate Lower Canadians who lost property during the Rebellions of 1837, and the strategies used to defuse the political protests.

History Thesis (M.A.)--University of Calgary, 1999. Discusses historical context of controverted federal acquisition of Sarcee lands.

Law Thesis (JD)--University of New South Wales, 2018

Discusses the conflicts of the legal protection of Aboriginal rights regarding artistic cultural heritage.

Political Science Thesis (Ph.D.)--University of British Columbia, 2015.

Examines the conceptualisations of property law in Mabo v. Queenland.

Description of negotiations involved in repatriating ceremonial objects seized under the anti-potlatch law and sold to the Royal Ontario Museum, the Museum of Man and the Museum of the American Indian.

Geography Thesis (M.A.)--The University of British Columbia,1992.

Brief summary and evaluation of the references to mineral rights in the Treaty 8 interviews.

Final Report concludes that Canada (the Crown) did not breach Treaty 1 when it permitted a surrender of the Band's reserve land. (French language version). Commissioners include: Daniel J. Bellegarde, Alan C. Holman, and Sheila G. Purdy. [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 underlying principles and provides detailed policies for: human remains, secret or sacred material, collections in general, public and other programs, and staffing, training and financial support. Plain English version of document developed in 1993. Newer versions: Continuous Cultures, Ongoing Responsibilities (2005). First Peoples, Connecting Custodians (2018).

Describes the process of surveying and assigning of patents for the river lots in the Prince Albert Settlement; discusses the sale of the land to settlers and land speculators. Entire issue on one pdf file, scroll to page 100.

Political Studies Thesis (M.A.)--Queen's University, 1999.

Agreement enables First Nations to exercise control over their land and resources by replacing provisions of the Indian Act with the community's own Land Code.

An overall summary of Treaty #6, the hows and whys of the difference in interpretation between Indian and non-Indian, based on field interviews and historical documents.

A Response to Susan Campbell's "On 'Modest Proposals' to Further Reduce the Aboriginal Landbase by Privatizing Reserve Land" in The Canadian Journal of Native Studies vol. 27, no. 2, 2007 on pages 219 to 246; suggests that this article was inaccurate.

Examines the Mi'kmaq land of Abegweit, the terra nullius concept of unsettled land, and whether English law came to the Island in the Royal Proclamation of 1763 or earlier.

Explains the background and operation of the Scrip system which as put in place by the federal government as a way of extinguishing the Métis' Indian title and dealing with the land grant provided by the Manitoba Act, 1870. "41st Parliament, 1st Session (June 2, 2011 - September 13, 2013)"

Website includes: links to case studies on First Nation concepts of property, laws and cultural heritage protection priorities, workshop proceedings, a list of materials relevant to cultural property issues, legislation affecting First Nation cultural property, research papers, and internet resources.

History Thesis (Ph.D.)--University of Nebraska, 2009.

Argues that since land claims force Aboriginal peoples to deal in the European concept of property, it has the effect of undermining the very principles that claimants are trying preserve.

Examines the forces that caused both the European trading companies and trappers to disregard the decline in beaver population.

Examines how the structure of native institutions and property rights provided a relatively high standard of living in the mid eighteenth century and for part of the nineteenth, then was unable to experience modern rates of economic growth and provide avenues for further development.

Brief summary of three bills that the Government of Western Australia proposed in response to the amendments of the Commonwealth Native Title Act.

Book review of:Beyond the Indian Act: Restoring Aboriginal Property Rights by Tom Flanagan, Christopher Alcantara and André LeDressay.

Discusses key features of intellectual property protection, copyright, patents, trademarks, geographical indications, industrial designs, protection against unfair competition, and trade secrets. Includes examples from various countries around the world.

Argues that the Federal government's changes to the Indian Act to change matrimonial property rights is long overdue.

Law Thesis (LL.M)--The University of British Columbia, 1997.

Discusses existing laws, issues of compatibility with Aboriginal culture, and how laws could be altered to better serve Aboriginal interests.

Discusses the unauthorized use of the the Quileute Tribe name and creation story in the movie and the lack of copyright protection for creation stories.

Discusses existing legal protection, copyright and other intellectual property rights Chapter in book: Properties of Culture - Culture as Property. Pathways to Reform in Post-Soviet Siberia edited by Erich Kasten.

Discussion on the social and legal measures employed by Aboriginal and Māori peoples in the protection, preservation, repatriation and promotion of their digital cultures.

Brief description of a workshop sponsored by the Simpcw First Nation (formerly called North Thompson Indian Band) titled: "Constructing Community Consciousness: Intellectual Property Rights and Other Considerations in Research". Entire issue on one pdf. To access this article scroll to p. 13.

Webinar looks at family law in Ontario and changes that allow for more safety for women and children and access to the family home when the relationship ends. Duration: 1:14:15.

Explains how the law protects and benefits Inuit artists. Entire issue on one pdf. To access article, scroll to page 13.

Comparative Law Thesis (LL.M.)--McGill University, 2003.

Indigenous Nations Studies Thesis (M.A.)--University of Kansas, [2008?]

Topics include: building relationships, balance in content and perspectives; accessibility and use; culturally sensitive materials; providing context; intellectual property issues; copying and repatriation of records; research protocols; and reciprocal education and training.

Edited and revised edition.

Includes: overview of important concepts including rights to cultural heritage and Australian and international legal and policy protections; ten guiding principles and their accompanying protocols; numerous case studies; and project checklist and templates.

Museology Thesis (M.A.)--University of Washington, 2017.

Looks at the consultation that brought about some positive legislation in terms of land rights.

Discusses the system of tenures at the time of settlement and how it was misunderstood to include Aboriginal occupied land.

Decision by the Supreme Court of Canada about treaty rights, and the building of a log cabin in a provincial park.