Aboriginal Children in Limbo: A Comment on Re: R. T.
Articles » Scholarly, peer reviewed
Saskatchewan Law Review, vol. 68, no. 2, 2005, pp. 435-453
Argues that 20 years after problems were first publicized about child welfare little has changed, except for the policy that First Nations' children cannot be placed for adoption without the consent of the child's band or the First Nations' Child and Services agency.
Discusses the tests used by the Supreme Court of Canada to determine whether Aboriginal title exists. Uses the Delgamuukw v. British Columbia case as example of the principle of first occupancy.
University of British Columbia Law Review, vol. 32, November 1998, pp. 23-54
Argues that the Supreme Court of Canada jurisprudence is making a transformation that was unlikely to happen from Charter legislation, but that most of the progress has come about due to political process and will of women.
Although Indian and Northern Affairs Canada (INAC) has made progress in areas regarding empowerment, education, economic development, specific land claims, and reconciliation, governance and self-government, the issues of leadership selection, Indian Government Support programs, and registration and membership are issues the government intends to work on incrementally in 2008-09.
Presents overview of Bill C-21 and examines the Charter of Rights and Freedoms, Aboriginal and treaty rights, and human rights law in the interpretation of Section 1.2. Looks at how First Nations communities should implement the legislation.
Practices based on experiences shared by First Nations leaders and managers, lawyers specializing in Indigenous law, and previous reports. Primary focus is British Columbia, but information generally applies across Canada.
Updated version of Best Practices for Consultation and Accommodation by MNP.
Overview of significant decisions in the areas of: Aboriginal rights and title, costs, division of powers, duty to consult, fiduciary duty, Honour of the Crown, Indian Act Registration, infringement, specific claims, treaties, etc.
Indigenous Law Journal, vol. 8, no. 1, 2010, pp. 81-94
Discusses ramifications of the courts' ruling on a case which alleged discrimination on the part of the federal government's Pilot Sales Program, a program which allowed Aboriginals preferential treatment not only for sustenance salmon fishing, but for commercial purposes as well.
Study consisted of a literature review, ten interviews, and four case studies: Tłı̨chǫ All‐season Road Project, Hope Bay Mining Ltd, Offshore Oil and Gas Strategic Environmental Assessment, and Adams Lake Cumulative Effects Land Use and Management Assessment