Section 35 (1): Aboriginal and Treaty Rights
Aboriginal Charter Rights Put Provinces on Spot
Articles » General
Author/Creator
Doug Cuthand
StarPhoenix, January 21, 2005, p. A9
Description
States that the jurisdictions of the provinces and First Nations overlap in many areas and argues that provincial governments have not come to grips with this reality.
Aboriginal Children in Limbo: A Comment on Re R. T.
Alternate Title
Aboriginal Children in Limbo: A Comment on Re: R. T.
Articles » Scholarly, peer reviewed
Author/Creator
Emily Grier
Saskatchewan Law Review, vol. 68, no. 2, 2005, pp. 435-453
Description
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.
Aboriginal Courts in Canada
Alternate Title
Research Paper (Scow Institute)
Fact Sheet (Scow Institute)
Documents & Presentations
Author/Creator
Karen Whonnock
Description
Research paper looks at federal and provincial legislation, inherent Aboriginal rights and negotiated agreements, and different Aboriginal courts in Canada.
Related Material: Fact Sheet.
Aboriginal Identity and the Charter of Rights and Freedoms
Articles » General
Author/Creator
Paul Chartrand
Canadian Issues, The Charter of Rights and Freedoms in Canadian Society: 1982-2007, Fall, 2007, pp. 109-112
Description
Discusses Section 31 of the Manitoba Act of 1870 and Section 15 and 35 of the Constitution Act of 1982.
To access article scroll to p. 109.
Aboriginal Law 101
Alternate Title
Saturday Morning at the Law School
Documents & Presentations
Author/Creator
David Laidlaw
Description
Power point provides overview of history, facts about current situation, Constitutional rights, the Crown's duty to consult and accommodate, and Canada's international obligations.
Aboriginal Peoples and the Canadian Charter of Rights and Freedoms: Contradictions and Challenges
Articles » Scholarly, peer reviewed
Author/Creator
Mary Ellen Turpel (Aki-Kwe)
Canadian Woman Studies , vol. 10, no. 2/3, Native Women, Summer/Fall, 1989, pp. 149-157
Description
Comments on the need for governments to deal with Aboriginals on an equal basis and to acknowledge them as distinct peoples with different cultures and ways of life with respect to the Charter.
Aboriginal Title
Media » Film and Video
Author/Creator
Lisa Fainstein
Description
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.
Duration: 7:17.
Aboriginal Women and the Constitutional Debates: Continuing Discrimination
Articles » Scholarly, peer reviewed
Author/Creator
Native Women's Association of Canada
Canadian Woman Studies, vol. 12, no. 3, Gender Equity and Institutional Change, 1992, pp. 14-17
Description
Comments on the struggle for equality faced by Aboriginal women despite the advent of section 15 of the Canadian Charter of Rights and Freedoms.
Aboriginal Women, Justice and the Charter: Bridging the Divide?
Articles » Scholarly, peer reviewed
Author/Creator
Jennifer Koshan
University of British Columbia Law Review, vol. 32, November 1998, pp. 23-54
Description
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.
Aboriginal Women's Rights are Human Rights
Alternate Title
Canadian Human Rights Act Review
NWAC Research Paper
Documents & Presentations
Author/Creator
Native Women's Association of Canada
Description
Looks at the discrimination against First Nations women in Canada which is contrary to the Charter of Rights.
Addressing First Nations Governance Issues through Incremental Reform: Briefing Presentation - Draft
Documents & Presentations
Author/Creator
Indian and Northern Affairs Canada (INAC)
Description
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.
Backgrounder: Self-determination & Free, Prior and Informed Consent: Understanding the United Nations Declaration on the Rights of Indigenous Peoples
Alternate Title
Backgrounder: Self-determination and Free, Prior and Informed Consent: Understanding the United Nations Declaration on the Rights of Indigenous Peoples
Documents & Presentations
Author/Creator
Coalition for the Human Rights of Indigenous Peoples
Description
Brief discussion of the right to self-determination in the Declaration, international and Canadian constitutional law, the Delgamuukw, Haida Nation and Tsilhqot’in decisions, and how they impact questions about construction of new oil and gas pipelines
Balancing Individual and Collective Rights: Interpretation of Section 1.2. of the Canadian Human Rights Act
Documents & Presentations
Author/Creator
Bradford W. Morse
Robert Goves
D'Arcy Vermette
Description
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.
Best Practices for Consultation and Accommodation: Moving to Informed Consent
Documents & Presentations
Author/Creator
Brian Payer
Michael Bonshor
Description
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.
Bill C-3: Gender Equity in Indian Registration Act
Alternate Title
Legislative Summary (Parliamentary Information and Research Service) ; 40-3-C3-E
Documents & Presentations
Author/Creator
Mary C. Hurley
Tonina Simeone
Description
Provides information on Bill C-3, including background, a description, and an analysis of the Bill.
Revised document.
Break Point: Fourth World Nation's International Resistance to Canada during Patriation
Articles » Scholarly, peer reviewed
Author/Creator
Ruldoph C. Rÿser
BC Studies, vol. 212, The Constitution Express: A 40-Year Retrospective, Winter, 2021/2022, pp. 103-164
Description
Provides the historical background and impact of the Constitution Express. The author was an organizer and key strategist in the movement
Canadian Aboriginal Law in 2018: Essays & Case Summaries
Documents & Presentations
Author/Creator
Kate Dunne
Bruce McIvor
Description
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.
Case Comment: R. v. Kapp: A Case of Unfulfilled Potential
Articles » Scholarly, peer reviewed
Author/Creator
Dominique Nouvet
Indigenous Law Journal, vol. 8, no. 1, 2010, pp. 81-94
Description
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.
Case Studies of Indigenous Knowledge and Science in Impact Assessments
Documents & Presentations
Author/Creator
Two Worlds Consulting
Description
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
.