Section 35 (1): Aboriginal and Treaty Rights

Maintains that although possibilities for reform exist, the Charter of Rights and Freedoms has yet to produce substantial improvements in the situation of Aboriginals.

Based on analysis of transcripts of Hirsekorn case in which judges had to render a decision on the Métis identity of the accused and his membership in a rights-holding Métis community.

An introduction of the articles featured in this special edition issue about Section 35 of Constitution Act and the creation of Constitution Express.

Looks at Section 35 (1) and (2) and Section 37 of the Canadian Constitution Act of 1982.

Focuses on development of doctrine of Aboriginal rights by the courts since the 1982 amendment and defining who constitutes the "Métis people" in section 35.

Examines the decision by the Court of Appeal regarding the violation of Cree rights by the Canadian and Quebec governments.

Entire issue on one pdf. To access article scroll to p.11.

Comments that due to no time limits on claims that negotiation, not litigation is the preferred route to pursue.

Study suggests that policy to move towards more culturally responsive schooling is yet to be realized.

Examines the basic requirements of a parallel Aboriginal justice system from a women's perspective.

Phil Fontaine talks before the Senate Committee on Aboriginal Peoples and speaks on behalf of bill c292, An Act to Implement the Kelowna Accord.

Discusses the meaning of the terms "sovereignty" and "self-determination", and the history of government/aboriginal interactions.

General discussion of consultation and consent, and analysis of recent legal cases which illustrate how Indigenous peoples in Alberta have been excluded from decision-making involving the oil industry.

Compares and contrasts two attitudes toward Aboriginal rights: those of the Supreme Court of Canada and those expressed by the Royal Commission on Aboriginal Peoples. Text in French with English abstract.

Comments on the causes of unstated paternity and the socio-economic implications. Entire issue on one pdf. To access article, scroll to page 31.

Argues that Aboriginal title is entrenched in the doctrine by examining its inception and integration into Canadian law.

Law Thesis (LLM)--University of British Columbia, 1997.

History Thesis (M.A.)--University of Ottawa, 2009.

Discusses the right of Aboriginal title and duty to consult. Presents examples where Aboriginal people and the Crown have come together to reach an agreement. Duration: 7:30.

Comments on the variance in the application of the duty to consult.

Brief overview of the principal, and discussion of key considerations including with whom does the duty rest, when it is engaged, it's scope, what happens when government fails to fulfill it, the duty to accommodate, and consultation policies and guidelines.

Comments on the Kwakiutl First Nations' objections to the province's decisions to allow a forestry company to remove its private lands from a tree farm licence and to approve a forest stewardship plan. Refers to Supreme Court of Canada's decision in Chartrand v. The District Manager.

Law Thesis (Ph.D.)--University of Ottawa, 2016.

Examines how the two countries have chosen to approach the issue of rights and the implications for their indigenous minorities.

Findings suggest that media coverage perpetuated stereotyping. Honors paper towards undergraduate degree in Environment, Sustainability, and Society--Dalhousie University, 2014.

Describes the amendments, the additions necessary to the Indian Act to accomplish the changes and the impacts of the proposed amendments.

Law Thesis (L.L.M.)--University of Alberta, 1997.

Reviews the political theory, the history of Canada’s constitutional development, successes and challenges in negotiating a self government Agreement in Principle.

Suggests that RCAP has provided litigants with social facts that have allowed the courts to change the rules of evidence and sentencing.

Proceedings look into governmental discrimination against First Nations children living on reserves for providing less support for child welfare than for those living off reserve. File No: T1340/7008.

Explores the interconnection of Aboriginal rights and human rights in Canada and concerns Aboriginal leaders have.

Argues that on the 25th anniversary of the Charter of Rights and Freedoms it's a hard-won piece of legislation and what is missing is follow up by the government to act on the positive aspects of legal victories.

Examines the nature of Aboriginal women's rights, focusing on the Canadian Charter of Rights, and the balance between individual and collective rights.

Section 67 barred complaints of discrimination against federal and First Nations governments in relation to acts and decisions authorized by the Indian Act. Document supports the repeal in principle, but raises issues with respect to Aboriginal and Treaty Rights and implementation.

Topics include the implications of the Tsilhqot’in and Grassy Narrows decisions, duty to consult, provincial treaty obligations, and proposed federal land claims policy.

Focuses on duty to consult and Indigenous rights.

Topics include Aboriginal title, treaties, the Métis, duty to consult, and land claims. 3rd edition.

Answers questions regarding new amendments to the Indian Act in the wake of the ruling of McIvor v. Canada (Registrar of Indian and Northern Affairs).

Book reviews of: From Recognition to Reconciliation by Patrick Macklem, Douglas Sanderson. From Treaty Peoples to Treaty Nation by Greg Poelzer, Ken. S. Coates. Entire review section on one pdf. To access this review scroll to p. 150.

Advocates that the proposed changes to the Indian Act are irrelevant compared to ensuring the Charter of Rights and Freedoms.

Argues that the legal framework has not kept up with demographic shifts because it focuses on land-related rights and ignores off-reserve and non-status population. As such, it disproportionately affects women who have been displaced through discriminatory effects of the Indian Act.

Comments on the commitment of the Government of New Brunswick to strengthen relationships with First Nations.

Discusses dispute over title to lands occupied by the Mohawk and the implications for larger land claim resolution processes across Canada.

Presents an overview of individual vs collective rights as they pertain to First Nations.

Purpose of the guide is to facilitate the timely processing of requests from local governments to the Province of British Columbia for statutory approvals of boundary changes, adoption of amendment of zoning bylaws, and more.

Comments on two cases dealing with the Crown's duty to consult.

Examined the lack of legislation protecting Aboriginal women on reserves, in terms of property, available judicial remedies and execution of court orders, found that the situation violated their rights in terms of the Canadian Charter of Rights and Freedoms and section 35(4) of the Constitution Act of 1982 and made recommendations for immediate actions.

Summarizes and lists issues associated with Bill C-45, C-27, S-6, S-8, C-428, S-207, and S-212.

Using a legal perspective to discuss whether the constitutionalization of Indigenous and treaty rights has made a difference.

Highlights significant court decisions which established the principles of current law. Duration: 11:38.