Title / Ownership

Overview of the content, meaning and limitations of Aboriginal title.

Report prepared for Insight Information's conference Aboriginal Oil and Gas: Preparing and Planning for the Next Wave of Resource Development Projects, April 24-25, 2006, Edmonton, Alberta. With additional comments on: Haida Nation v. British Columbia and Taku River Tlingit First Nation v. British Columbia

Views of an anthropologist not involved in the case as to why expert testimony was mainly discounted by the judge.

History Thesis (Ph.D.)--Carleton University, 1982.

Argues that the Native American Graves Protection and Repatriation Act strives to cultivate good relations with Native Americans.

Reviews, compares and analyzes the rights held in the past and up to 1988 in the three jurisdictions.

Law Thesis (LLM)--York University, 2017.

Framing the issue in this manner refocuses the debate to help secure control over their economic, social, cultural, and physical survival.

Summarizes decisions which spoke to the relationship between Aboriginal title claims and fee simple title, the duty to consult and injunctive relief.

Extensive list (335 pages).

"with additions made in September 2022".

City Planning Thesis (M.C.P.)--University of Manitoba, 2008.

Analyzes recent court decisions involving the "duty to consult and accommodate" and Aboriginal title.

History Thesis (M.A.)--University of Western Ontario, 1998.

Film about the historic confrontation at Kanehsatake and the village of Oka, Québec in the summer of 1990 when the mayor of Oka agreed to appropriate sacred Mohawk land for a private golf course. This film contains scenes of violence. Duration: 119:24.

Article explores the unique structure of land tenure developed within the Penobscot Nation; this dual land system allowed for both private lots and land held in commons, it also allowed married Indigenous women to own property in the 1800s.

Follows the case that questions the authority of North Dakota and the North Dakota Public Service Commission to regulate public utilities within the Fort Totten Reservation. The final ruling states that the Devils Lake Sioux have the right to contract for utility services on land owned by them, or held in trust, without regard to the regulations of the North Dakota Public Service Commission.

Looks at how the Canadian government is fulfilling its fiduciary obligation to consult with Aboriginal communities regarding industrial development on traditional lands.

Case study of the issues surrounding Norwegian Supreme Court decision involving Sámi customary land use and ownership rights in the Manndalen valley.

Looks at the decimation of the forests and habitat of the reindeer and the Greenpeace protests set up in old grow forests. Duration: 54.15.

Discusses history and evolution of the treaty process in British Columbia.

Discusses Tsihqot'in decision where Aboriginal title was proved for an area of 200,000 hectors in British Columbia. Duration: 37:45.

Examines some of the difficulties Aboriginal people encounter when they rely on their oral histories.

General background information about the duty to consult, including pertinent court cases, and brief discussion of how the principle may impact municipalities.

Examines problems encountered when attempting to apply John Locke's property theory to non-European culture and economy.

Argues that disputes over matrimonial property should be dealt with under First Nations' jurisdiction.

Paper is meant to put forward concerns and options before the tabling and passage of a Bill to deal with this issue.

Gaudry discusses the concept of Wicihitowin as used to resolve a 19th century conflict between the Métis and the Dakota. Gunn discusses how international law relates to treaties signed with Indigenous peoples in Canada. O'Toole discusses whether Section 31 of The Manitoba Act constituted a treaty. Duration: 1:52:03.

Discusses fee simple ownership on Indigenous lands, getting land rights through modern treaties, and matrimonial real property rights on reservations.

Using California land claims to argue that non-Indigenous witnesses and experts must state their personal assumptions, preconceptions, and definitions when presenting evidence for Indigenous land claim cases.

Discussion of land tenure rights and systems, and conflicts and outcomes of disputes including key court decisions, legislation and modern treaties. Developed for class delivered by the University of the Arctic.

Nine indicators were used: recognition of land/title, self-government, customary law, and culture; legal affirmation of distinct status, support/ratification for international indigenous rights instruments, affirmative action, upholding and/or signing new treaties, and guarantees of representation/consultation in central government.

Semiahmoo First Nation asks the courts to stop Tsawwassen First Nation (TFN) of Delta from signing a treaty that would infringe on Semiahmoo's rights and title.

Douglas was responsible for treaties on Vancouver Island and establishment of reserves on mainland British Columbia. He was much more generous when allotting land than those that followed and reserves were made smaller almost immediately.

Presents the Australian Native Titles Act of 1993.

Book review of Native Title from Mabo to Akiba edited by Sean Brennan, Megan Davis, Brendan Edgeworth and Leon Terrill.

Outlines the historical background to the Final Agreement, selected provisions, issues of concern and judicial proceedings related to the Final Agreement.

Argues that the Canadian case, R versus Van Der Peet, has allowed the Australian Courts to interpret Aboriginal or Native title in a more restrictive manner.

Discusses the role the Oblates played in British Columbia's Native land claims based on cultural conceptions of property and the government policies that provided a framework.

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.