Fiduciary Obligation

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Indian Claims Commission Proceedings (1999) 11 ICCP

E-Books
Author/Creator
Indian Claims Commission
Report includes inquiries and responses regarding: Gamblers First Nation Treaty Land Entitlement Inquiry; Nekaneet First Nation Agricultural and Other Benefit Under Treaty 4 Inquiry; Moose Deer Point First Nation, Pottawatomi Rights Inquiry. Commissioners include: Daniel J. Bellegarde, P. E. James Prentice, Roger J. Augustine, Carole T. Corcoran, Elijah Harper, and Sheila G. Purdy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Indian Claims Commission Proceedings (2007) 18 ICCP

Alternate Title
Indian Claims Commission Proceedings: A Publication of the Indian Claims Commission (2007) 18 ICCP
E-Books
Author/Creator
Indian Claims Commission
Report includes background documents, articles, comments and responses regarding the following cases: Standing Buffalo Dakota Nation, Flooding Negotiations (Mediation); Peepeekisis First Nation Inquiry, Fire Hills Colony Claim; Moosomin First Nation ,1909 Reserve Land Surrender (Mediation); Thunderchild First Nation, 1908 Surrender Claim (Mediation); and the Betsiamites Band, Highway 138 and Rivière Betsiamites Bridge Inquires. Commissioners include: Renée Dupuis, Daniel J. Bellegarde, Jane Dickson-Gilmore, Alan C. Holman, and Sheila G. Purdy.
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Inquiry into the 1907 Reserve Land Surrender Claim of the Kahkewistahaw First Nation

Documents & Presentations
Author/Creator
Indian Claims Commission
Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine if surrender was valid, complied with the provisions of the Indian Act and whether Canada's fiduciary obligations were met. ICC found that although the surrender was valid and unconditional, Canada had breached its pre-surrender fiduciary obligations in allowing it to take place. Commissioners include: P.E. James Prentice and Roger J. Augustine.
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Inquiry into the 1907 Surrender Claim of the Fishing Lake First Nation

Documents & Presentations
Author/Creator
Indian Claims Commission
Historical background and issues involved in Indian Claims Commission (ICC) hearing to determine the validity of the 1907 surrender. Commissioners include: P.E. James Prentice and Roger J. Augustine. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Inquiry into the 1927 Surrender Claim of the Chippewas of Kettle and Stony Point First Nation

Documents & Presentations
Author/Creator
Indian Claims Commission
Historical background and submissions to Indian Claims Commission (ICC) regarding whether the surrender was valid; whether Canada breached its fiduciary obligations. ICC found the surrender valid; that Canada breached its fiduciary duties; and the claim be negotiated under the Specific Claims Policy. Commissioners include: Roger J. Austine and Daniel J. Bellegarde. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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James Smith Cree Nation Chakastaypasin IR 98 Inquiry

Documents & Presentations
Author/Creator
Indian Claims Commission
Final Report regarding the James Smith Cree Nation's claim challenging the validity of the surrender and sale of the Chakastaypasin Band's Indian Reserve (IR) 98. Commissioners include: Renée Dupuis and Alan C. Holman. [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.]
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James Smith Cree Nation IR 100A Inquiry

Documents & Presentations
Author/Creator
Indian Claims Commission
Historical background, submissions, and recommendations from Indian Claims Commission (ICC) hearing to determine if Canada breached its obligations in taking an invalid surrender and in its subsequent disposition of the land. ICC found that James Smith Cree Nation was not owed any lawful obligations, but recommended that Canada's obligations dealing with the disposition of IR100A be negotiated with Cumberland House Cree Nation. Commissioners include: Renée Dupuis and Alan C. Holman.
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James Smith Cree Nation Treaty Land Entitlement Inquiry

Documents & Presentations
Author/Creator
Indian Claims Commission
Concludes that no outstanding treaty land entitlement is owed to the James Smith Cree Nation. Commissioners include: Renée Dupuis and Alan C. Holman. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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The Key First Nation Inquiry 1909 Surrender Claim

Documents & Presentations
Author/Creator
Indian Claims Commission
Final Report examines whether the claim of the Key Lake First Nations discloses a breach of Canada's "lawful obligations" to the First Nation under the Specific Claims Policy. Commissioners include: P. E. James Prentice, Carole T. Corcoran, and Roger J. Augustine. [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.]
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Kluane First Nation, Kluane National Park and Kluane Game Sanctuary Claim, Public Edition, July 2008

Documents & Presentations
Author/Creator
Indian Claims Commission

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of community session transcripts, historical documents, maps, excerpts, correspondence/letters, submissions and Final Report in English and French. Commissioners include: Phil Fontaine, Sheila Purdy, and Alan Holman. [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.]

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The Land We Are: Artists and Writers Unsettle the Politics of Reconciliation and The Poetics of Land and Identity Among British Columbia Indigenous Peoples

Book Reviews
Author/Creator
Chris Arnett
BC Studies, no. 190, Histories of Settler Colonialism, Summer, 2016, pp. 142-144
Book reviews of: The Land We Are edited by Gabrielle L'Hirondelle Hill and Sophie McCall. The Poetics of Land and Identity Among British Columbia Indigenous Peoples by Christine Elsey. Entire book review section on one pdf. To access this review scroll to p. 142.
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Local Governments and First Nations Consultation

Documents & Presentations
Author/Creator
Len S. Marchand
General background information about the duty to consult, including pertinent court cases, and brief discussion of how the principle may impact municipalities.
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Mamiskotamaw: "Oral History," Indigenous Method" and Canadian Law in Three Books

Book Reviews
Author/Creator
Signa Daum Shanks
Indigenous Law Journal, vol. 3, no. 1, Fall, 2004, pp. 181-192
Book reviews of: Treaty Elders of Saskatchewan; Our Dream is That Our Peoples Will One Day Be Recognized as Nations, by Harold Cardinal; They Will Have Our Words: The Dene Elders Project, Volume 2, produced by Lynda Holland, Mary Ann Kkailther; They Knew Both Sides of Medicine: Cree Tales of Curing and Cursing, as Told by Alice Ahenakew.
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Manitoba Métis Federation v. Canada (Attorney General): Understanding the Supreme Court of Canada's Decision

Documents & Presentations
Author/Creator
Jean Teillet
Jason Madden
Case involved lands promised in the Manitoba Act, 1870 and the contention that legislation enacted by Manitoba government, which affected implementation of the Act, was not within the province's jurisdiction. Court issued this declaration: "“[t]hat the federal Crown failed to implement the land grant provision set out in s. 31 of the Manitoba Act, 1870 in accordance with the honour of the Crown.”
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Nation Crie de James Smith Enquête Relative aux Droits Fonciers Issus de Traité

Alternate Title
James Smith Cree Nation Treaty Land Entitlement Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Concludes that no outstanding treaty land entitlement is owed to the James Smith Cree Nation. (French version) Commissioners include: Renée Dupuis and Alan C. Holman. [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.]
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Natural Resources Transfer Agreements, The Transfer of Authority, and the Promise to Protect the First Nations' Right to a Traditional Livelihood: A Critical Legal History

Articles » Scholarly, peer reviewed
Author/Creator
Brian Calliou
Review of Constitutional Studies, vol. 12, no. 2, 2007, pp. 173-213
Uses critical legal history to fill in the historical context of paragraph 12 of the National Resources Transfer Agreement, and looks at the importance of treaties to First Nations traditional livelihood.
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The Occupation of Alcatraz Island: Roots of American Indian Activism

Articles » Scholarly, peer reviewed
Author/Creator
Troy Johnson
Wicazo Sa Review, vol. 10, no. 2, Autumn, 1994, pp. 63-79
Asserts that one of the most overlooked and important acts of activism was the occupations of Alcatraz Island (1964, 1969-70), which was for the participants, an expression of patriotism and self-determination.
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Paul First Nation Kapasiwin Townsite Inquiry

Documents & Presentations
Author/Creator
Indian Claims Commission
Final Report examines the Paul First Nation's alleging mismanagement of the sales of surrendered lands. 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.]
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Paul Indian Band Inquiry - Kapasawin Townsite Claim - Public Release - June 2007

Documents & Presentations
Author/Creator
Indian Claims Commission

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of historical documents, correspondence/letters, reports, legal papers, maps, field notes, transcripts, submissions and the Final Report in French and English. [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.]

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Peepeekisis First Nation Inquiry: File Hills Colony Claim (English)

Documents & Presentations
Author/Creator
Indian Claims Commission
Final report examines historical background and submission to Indian Claims Commission (ICC) regarding whether the Crown breached its fiduciary obligation by allocating reserve land (IR 81) to people outside of the Band. ICC found Canada breached its obligations and recommended the claim be a negotiated under Canada's Specific Claims Policy. Commissioners include: Alan C. Holman, Renee Dupuis, and Sheila G. Purdy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Polygone de Tir Aérien de Primrose Lake II - Rapport D'Enquête: Joseph Bighead, Buffalo River, Waterhen Lake, Flying Dust

Alternate Title
Primrose Lake Air Weapons Range Report II: Joseph Bighead First Nation Inquiry, Buffalo River First Nation Inquiry, Waterhen Lake First Nation Inquiry, Flying Dust First Nation Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Final Report examines historical background and submission to Indian Claims Commission (ICC) regarding loss of traditional land use when Canada created the bombing range; breach of Treaty by the Crown and failure to provide economic compensation. ICC recommended the claim be negotiated under the Specific Claims Policy except for the Joseph Bighead First Nation whose claim had been properly rejected by the Minister. (French language version) Commissioners include: Daniel J. Bellegarde and P.E.
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Première Nation Anishinabée de Roseau River Enquête sur la Cession de 1903

Alternate Title
Roseau River Anishinabe First Nation 1903 Surrender Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
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.]
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Première Nation D'Alexis: Enquête sur la Revendication Relative aux Emprises Accordées à TransAlta Utilities

Alternate Title
Alexis First Nation Inquiry - TransAlta Utilities Rights of Way Claim Final Report (French language version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Indian Claims Commission final report dated March 2003, French language version. Commissioners include : Roger J. Augustine, Daniel J. Bellegarde, Sheila G. Purdy. Historical background and submissions to Indian Claims Commission (ICC) concerning the federal Crown's granting of three rights of way to Calgary Power on Alexis IR133 during 1950s and 1960s.
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Première Nation de Paul Enquête sur le Lotissement Urbain de Kapasiwin

Alternate Title
Paul First Nation Kapasiwin Townsite Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Final Report examines the Paul First Nation's alleging mismanagement of the sales of surrendered lands. (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.]
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Première Nation de Saulteau Enquête Relative aux Droits Fonciers Issus de Traité et aux Terres Individuelles

Alternate Title
Saulteau First Nation Treaty Land Entitlement and Lands in Severality Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Final report examines an alleged shortfall of land and a claim for land under the provisions of Treaty 8. (French language version) Commissioners include: Renée Dupuis, Daniel J. Bellegarde, 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.]
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Primrose Lake Air Weapons Range Report II: Joseph Bighead First Nation Inquiry, Buffalo River First Nation Inquiry, Waterhen Lake First Nation Inquiry, Flying Dust First Nation Inquiry

Documents & Presentations
Author/Creator
Indian Claims Commission
Final Report examines historical background and submission to Indian Claims Commission (ICC) regarding loss of traditional land use when Canada created the bombing range; breach of Treaty by the Crown and failure to provide economic compensation. ICC recommended the claim be negotiated under the Specific Claims Policy except for the Joseph Bighead First Nation whose claim had been properly rejected by the Minister. Commissioners include: Daniel J. Bellegarde and P.E. James Prentice.
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Quebec Secession and Self-Determination of First Nations

Articles » Scholarly, peer reviewed
Author/Creator
Bradford W. Morse
Native Studies Review, vol. 12, no. 2, 1999, pp. 27-54
Discusses implications for contemporary agreements and relationships between First Nations and federal/provincial governments, should Quebec separate from Canada.
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Recognizing Rights: Aboriginal Justice in Canada

Alternate Title
Aboriginal Justice in Canada: A Plain Language Legal Primer
Documents & Presentations
Author/Creator
RAVEN (Respecting Aboriginal Values and Environmental Needs)
Provides information on Aboriginal rights in Canadian common law, and the ways in which they can be asserted in the current Canadian court system.
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Report on the Inquiry into the Claim of the Chippewas of the Thames: Muncey Land Claim

Documents & Presentations
Author/Creator
Indian Claims Commission
Historical background and report on mediation by the Indian Claims Commission (ICC) to resolve dispute over 192 acres wrongfully alienated in 1831. Proposed Settlement Agreement was negotiated and ratified. Chief Commissioner : Harry LaForme. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Roseau River Anishinabe First Nation 1903 Surrender Inquiry

Documents & Presentations
Author/Creator
Indian Claims Commission
Final Report concludes that Canada (the Crown) did not breach Treaty 1 when it permitted a surrender of the Band's reserve land. Commissioners include: Daniel J. Bellegarde, Alan C. Holman, and Sheila G. Purdy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Saulteau First Nation Treaty Land Entitlement and Lands in Severalty Inquiry

Documents & Presentations
Author/Creator
Indian Claims Commission
Final report examines an alleged shortfall of land and a claim for land under the provisions of Treaty 8. Commissioners include: Renée Dupuis, Daniel J. Bellegarde, and Jane Dickson-Gilmore. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Site C Clean Energy Project: Treat 8 First Nations Comments; Post-Panel Stage Consultation

Alternate Title
Site C Clean Energy Project: Treaty 8 First Nations Comments: Post-Panel Stage Consultation: Final, August 19, 2014
Documents & Presentations
Author/Creator
Treaty 8 Tribal Association
Presents concerns voiced by Doig River, Halfway River, Prophet River and West Moberly First Nations to the Site C Clean Energy Joint Review Panel regarding the Project and consultation about the environmental assessment.
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