Property (Real, Intellectual, Cultural)
Canson Enterprises Ltd. v. Boughton & Co., [1991] 3 S.C.R. 534
Alternate Title
Canson Enterprises Ltd. and Fealty Enterprises Ltd. Appellants v. Boughton & Company, Ralph R. Wollen...
E-Books » Chapters
Author/Creator
Supreme Court of Canada
Description
Authority case for the Indian Claims Commission reguarding breach of fiduciary duty. Supreme Court Reports at page 534 to 591.
CAP. XXVI: An Act to encourage the gradual Civilization of the Indian Tribes in this Province, and to amend the Laws respecting Indians [Assented to 10th June, 1857]
Alternate Title
Statutes of the Province of Canada Passed in the ... and in the Third Session of the Fifth Parliament of Canada, no.
[Gradual Civilization Act]
Documents & Presentations
Author/Creator
Legislative Assembly of Canada
Description
Act sought to assimilate individuals into Canadian settler society by encouraging enfranchisement, which terminated their Indian status.
CARE Principles for Indigenous Data Governance
Documents & Presentations
Author/Creator
[Research Data Alliance International Indigenous Data Sovereignty Interest Group
Global Indigenous Data Alliance]
Description
Designed to complement the FAIR (findable, accessible, interoperable, reusable) principles of the open data movement as means to use Indigenous data in ways determined by Indigenous peoples and for their benefit. Principles are related to collective benefit, authority to control, responsibility, and ethics.
Carry The Kettle - 1905 Surrender - Public Edition, July 2008
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Contains historical documents, reports, legal submissions, correspondence/letters, transcripts, and maps regarding the specific land claim, concerning the surrender of reserve land, by Carry the Kettle First Nation. Commissioners include : Sheila Purdy, Alan Holman, and Jane Dickson-Gilmore. [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.]
Casper Solomon Interview #1
Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
Casper Solomon
Jocelyn Keeshig
Indian History Film Project
Description
Consists of an interview where he gives an account of the migration of the Potawatomi Indians and a general description of reserve life; an account of the importance of midwives and a brief description of naming ceremonies; and tells a story about an old man who remembered seeing the Chicago fire.
Certificates of Possession and First Nations Housing : A Case Study of the Six Nations Housing Program
Articles » Scholarly, peer reviewed
Author/Creator
Christopher Alcantara
The Canadian Journal of Law and Society, vol. 20, no. 2, 2005, pp. 183-205
Description
Discusses how the Six Nations band members have accessed private property using these certificates avoid circumvent the seizure for debt restrictions in the Indian Act and acquire mortgages and own their own housing.
The Challenges of Repatriating Aboriginal Cultural Property in Canada
Articles » Scholarly, peer reviewed
Author/Creator
Andrew McDougall
Canadian Journal of Native Studies, vol. 32, no. 2, 2012, pp. 51-75
Description
Examines the potential obstacles encountered by Aboriginal society when attempts are made to repatriate cultural objects from museums.
Changing Approaches to the Conservation of Northwest Coast Totem Poles
Alternate Title
Tradition and Innovation: Advances in Conservation: Contributions to the Melbourne Congress, 10-14 October, 2000
E-Books » Chapters
Author/Creator
Charles S. Rhyne
Description
Discusses the tensions between Aboriginal and non-Aboriginal viewpoints about the issue of preservation, and provides examples of attempts to reconcile the two.
Excerpt from: Tradition and Innovation: Advances in Conservation Contributions to the Melbourne Congress, 10-14 October 2000.
Chris Bull Shields Interview
Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
Chris Bull Shields
Mike Devine
Indian History Film Project
Description
Chris Bull Shields, age 73, describes the signing of Treaty #7, and the establishment of the boundaries of the Blood Reserve.
Claiming the Past: Historical Understanding in Australian Native Title Jurisprudence
Articles » Scholarly, peer reviewed
Author/Creator
Alex Reilly
Ann Genovese
Indigenous Law Journal, vol. 3, no. 1, Fall, 2004, pp. 19-42
Description
Examines the use of history in Indigenous land rights in Australia through a commentary of the High Court's construction of Native title rights in a specific case.
Closing the Implementation Gap: Indigenous Peoples and Human Rights in Canada
Documents & Presentations
Author/Creator
Assembly of First Nations
Native Women’s Association of Canada
Grand Council of the Crees (Eeyou Istchee)
Amnesty International
Canada ... [et al.]
Description
"A forum to follow up on the 2004 mission to Canada by the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous people, Rodolfo Stavenhagen, University of Ottawa, October 2-3, 2006."
Purpose of the report is to summarize key opinions, concerns and recommendations that were shared by participants during the UN mission to Canada.
Clothes That are Not Worn (except...): The Politics of the Clothing Collection at the Museum of Anthropology
Articles » Scholarly, peer reviewed
Author/Creator
Elizabeth Lominska Johnson
Material Culture Review, vol. 56, Fall, 2002, pp. 54-62
Description
Discusses the difficulties involved in balancing conservation concerns with providing appropriate access to the Aboriginal peoples whose ancestors created the items.
"Co-Existance of Indigenous and Non-Indigenous Land Rights: Australia and Canada Compared in Light of the Wik Decision "
Alternate Title
"Co-Existence of Indigenous and Non-Indigenous Land Rights: Australia and Canada Compared in Light of the Wik Decision "
Articles » Scholarly, peer reviewed
Author/Creator
Kent McNeil
Indigenous Law Bulletin, vol. 4, no. 5, 1997, pp. 4-9
Description
Looks at the way courts in Australia and Canada deal with indigenous rights and concludes that Canadian courts do more to preserve rights in the face of Crown grants.
Co-Management of Forest Resources in Canada: An Economically Optimal Institutional Arrangement
Alternate Title
Working Paper (Sustainable Forest Management Network) ; 2002-04
Documents & Presentations
Author/Creator
Shashi Kant
Yaoqi Zhang
Working Paper (Sustainable Forest Management Network)
Description
Defines co-management, and looks at how different forest attributes called for different property rights arrangements.
Colin Trindle Interview
Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
Colin Trindle
Alfred J. Beaver
Indian History Film Project
Description
Mr. Trindle, aged 78, has spent most of his adult life in the Trout Lake/Peerless Lake area and is a former chief--talks about promises of a reserve in the area; surveying of boundaries; duration of occupation of area; and traditional lifestyles.
Collaboration and the Complex World of Literary Rights
Articles » Scholarly, peer reviewed
Author/Creator
Alanna Kathleen Brown
American Indian Quarterly, vol. 21, no. 4, Cultural Property in American Indian Literatures: Representation and Interpretation, Autumn, 1997, pp. 595-603
Description
Author explores the complicated series of issues around the use of text composed by Indigenous authors and co-created or edited by Euro-American partners; article covers individual vs collective ownership, historical disregard for Indigenous ownership, and inheritance rights.
Collaborative, Community-Based Heritage Research, and the IPinCH Project
Articles » General
Author/Creator
George Nicholas
The SAA Archaeological Record, vol. 12, no. 4, September 2012, pp. 30-32
Description
Comments on a seven-year international project on Intellectual Property Issues in Cultural Heritage (IPinCH).
Entire issue on one pdf. To access article scroll to p. 30.
A Commentary on the Indian Act: Prepared for the Members of the Joint Committee of the Senate and the House of Commons on Indian Affairs
Documents & Presentations
Author/Creator
H. M. Jones
Description
Analysis includes sections dealing with: application of the Act; definition and registration of Indians; reserve lands (ownership, trespass, surrenders, lands taken for public purpose, and management); estates; management of Indian moneys; election of Chiefs and Councilors and powers of Councils; enfranchisement; and taxation.
Commodifications of the Past? An IPinCH KnowledgeBase Bibliography
Alternate Title
Commodifications of the Past? An IPinCH Knowledge Base Bibliography
Intellectual Property Issues in Cultural Heritage: Theory, Practice, Policy, Ethics
Documents & Presentations
Author/Creator
James Herbert
Description
Lists 208 publications (articles, letters, websites, webpages, government documents, and books) deemed to be of interest to the Commodifications of the Past? Working Group from the Intellectual Property Issues in Cultural Heritage (IPinCH) research project.
Common Law Origins of Aboriginal Entitlements to Land
Articles » Scholarly, peer reviewed
Author/Creator
Brian Donovan
Manitoba Law Journal, vol. 29, no. 3, 2003, pp. 289-341
Description
Examines the ramifications of Aboriginal peoples' prior occupancy in terms of the legal system brought by the settlers themselves.
Commons, Enclosure, and Resistance in Kahnawá:ke Mohawk Territory, 1850–1900
Articles » Scholarly, peer reviewed
Author/Creator
Daniel Rueck
Canadian Historical Review, vol. 95, no. 3, September 2014, pp. 352-381
Description
Describes how the Department of Indian Affairs attempted to undermine leaders and gain control of lands by subdividing the reserve into plots which would be individually-owned, with the ultimate goal of dispersing the community.
Conceiving Kakipitatapitmok: The Political Landscape of Anishinaabe Anticlearcutting Activism
Articles » Scholarly, peer reviewed
Author/Creator
Anna J. Willow
American Anthropologist, vol. 113, no. 2, June 2011, pp. 262-276
Description
Looks at landscape anthropology and how anti-clearcutting activism at the Grassy Narrows First Nation has changed the vantage point from which activists conceive their experiences with the landscape.
Concluding Observations of the Committee on the Elimination of Discrimination against Women: Canada
Alternate Title
Committee on the Elimination of Discrimination against Women, Forty-second Session, 20 October-7 November 2008
United Nations Convention on the Elimination of All Forms of Discrimination against Women
Documents & Presentations
Author/Creator
Committee on the Elimination of Discrimination against Women
Description
For materials relevant to Aboriginal women, see points 17-20 (matrimonial real property) and 29-32 (violence and missing or murdered).