Section 35 (1): Aboriginal and Treaty Rights

Describes how the Native Women's Association of Canada had to fight for their Charter Rights in the Federal Court of Canada. Also discusses the case of McIvor v. Canada that found that registration provisions in the Indian Act were unconstitutional as they violated the equality provision of the Charter of Rights and Freedoms.

Geography Thesis (M.A.)--The University of British Columbia, 2002.

Article states that discrimination still appears to be an issue against certain excluded groups even after Bill C-31.

Examines the impact of section 25 of the Canadian Charter of Rights and Freedoms and section 35 of the Constitution on the Nunavut Agreement-in-Principle.

Includes brief history and description of Nunavut, political description of the territory and the issue of intersection of Aboriginal and non-Aboriginal rights.

Reports findings of a socio-legal study of the effect of the Charter of Rights and Freedoms on the education of Aboriginal peoples in Canada between 1982 and 1992.

Focus on provincial government's failure to engage with Indigenous concerns about development taking place on their land. Assesses consultation protocols and offers suggestions for regulatory reforms.

Examines jurisprudence on Aboriginal issues with focus on recent Supreme Court cases and their aftermath. Paper presented at the 96th Annual Meeting of the American Political Science Association held in Washington from August 31 to September 3, 2000.

Discusses three key points where the Province failed in the case of Da’naxda’xw/Awaetlala First Nation v. British Columbia Hydro and Power Authority, 2015 BCSC 16.

A look at the struggles to give meaning to section 35 of the Constitution Act regarding the affirmation and recognition of Indigenous people and their treaty rights.

Discusses Bill C-15, which is an attempt to establish a process for the domestic implementation of UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples) and it's implications for government actions to empower First Nations with respect to economic development.

Canadian Studies Thesis (M.A.)--Carleton University, 1996.

Book review of: A People's Dream: Aboriginal Self-Government in Canada by Dan Russell.

Argues that the fiduciary duty that is given constitutional status in Sparrow is based on respect for the autonomy of Aboriginal peoples.

Topics in the guide include: lands, land title, natural resources, environmental assessment, etc.

Presents the history of treaties between the Crown and First Nations of Canada.

Law Thesis (Ph.D.)--University of Ottawa, 2015.

Looks at the Sawridge dispute, and problems associated with Bill C-31 regarding Aboriginal women’s rights within their own societies both on and off the reserves.

Case presents strong judicial warning to governments that if they fail to adequately consult, they will be held legally accountable to First Nations and to private industry.

Describes issues with Bill C-7 regarding the reporting structure set up by the federal government.

Decision on the powers of First Nations Constables and whether they remain "peace officers" within the meaning of the Criminal Code.

Discusses case in which the accused appealed his conviction arguing that because there were no on-reserve Aboriginals on the jury his right to fair trial had been violated under sections 11(d) and 11(f) of the Canadian Charter of Rights and Freedoms.

Provides information on Aboriginal rights in Canadian common law, and the ways in which they can be asserted in the current Canadian court system.

Dialogue of 120 community leaders identified shared principles and approaches to support injustices in Canadian society. Speaks about reconciliation with queer communities in Canada. Duration: 11:23.

Dialogue of 120 community leaders identified shared principles and approaches to support injustices in Canadian society. Discusses the Japanese/Canadian Redress Settlement in 1988 as a template for reconciliation. Duration: 12:49.

An excerpt of Constitution Express' organizer Vuntut Gwitchin Elder Mildred Poplar unpublished memoir about the struggle for sovereignty in response to Section 35 of the Constitution Act.

Discussion of ownership rights with respect to Aboriginal artifacts housed within museums or other government agencies.

Explains that even though the Indian Act was amended by Bill C-31, there remains residual sexual discrimination in determining Indian status.

Revised edition of The Duty to Consult: New Relationships with Aboriginal Peoples.

Comparative Law Thesis (LL.M.)--McGill University, 1987.

Summarizes seven key points which define the rights of Indigenous people as they relate to the constitution.

Discusses Aboriginal groups' viewpoints on the Constitution Act, 1982 and how readings of it by the Supreme Court of Canada varied from the Aboriginal interpretation. Chapter 14 from Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms edited by James B. Kelly, Christopher P. Manfredi.

This file contains an individual presentation by Carl Curotte that covers a wide range of topics, including self-government, depleted fishing grounds in Newfoundland and British Columbia, and "the reality of Aboriginals not sharing in the prosperity of Canada as non-Aboriginals do."

File contains a presentation made by the Big Trout Lake First Nations presented by Steven Chapman, Tonena McKay, Bruce Sakakeep, Mary-Ann Anderson, Alice Beardy and Jemima Morris; on the various topics of the relationship of the Canadian Justice System pertaining to Aboriginals, Education, Self-Government, language and medical care. Also contained are comments and questions from the assembled Commissioners. Comments of the Commissioner-of-the-Day are translated to English from his own language.

This file contains a presentation by Bob Moore relating to forestry in the Six Nations Confederacy. Moore states that the federal government is not doing enough to protect the forests in the Six Nations area, and states that "successful management of reserve forests would yield social and economic benefits both to the bands and to the federal government.

This file consists of a presentation by Chief Gordon Peters focusing primarily on the land claims process and negotiating with the Ontario provincial government, and the Charlottetown Accord. Peters also discusses the negative effects of residential schools upon Aboriginal people and the efforts being made to assist abuse survivors. A question-and-answer session with the Commissioners follows the presentation.

This file contains a presentation by Denis Tardif, George Ares and Lynn Lemieux that focuses on two issues; the need to dialogue on issues of importance to Canada, and the question of social harmony within the Canadian society or within the Canadian context.

File contains a presentation by Dennis Thorne. Thorne, whose Oglala Lakota (Sioux) name is Tungan Cikala, speaks on the topic of "Protection of Traditional Spiritual Beliefs." Included in his presentation are problems with the Canadian border and the guards measures there against Aboriginal holy people (Thorne argues that the Jay Treaty enshrines freedom of movement for Aboriginal people across the Canada-U.S.

This file contains a presentation by five members of the Mohawk Council of Kahnawake. Subjects discussed by the presenters include arrests of Kahnawake residents in 1988 relating to cigarettes; the Oka Crisis of 1990; negotiations relating to self-government; the removal of the Indian Act; transfer payments to Aboriginal persons; education and housing issues, and the Kahnawake Peacekeepers (police force). A question-and-answer session with the Commissioners follows the presentation.

File contains a presentation by Maxwell Yalden, Commissioner of the Canadian Human Rights Commission, regarding his organizations past advocacy on behalf of Aboriginal peoples (including its support for the creation of the Commission), a universalist approach to Charter of Rights and Freedoms rights, his view that the Charter is complimentary to collective Aboriginal rights, the need to redress and relieve discrimination and abuses against Aboriginal Canadians, the importance of acting now with regards to Aboriginal issues rather than later.

This file contains a presentation by Melanie Omeniho that first describes her organization's mandate as being a political activist group that continues to develop and/or improve social structures to meet the needs of Metis women. The group assists in developing economic bases for Metis women, as well as developing educational and culturally sensitive opportunities to better the lives of Metis women.

File contains a presentation by Tobique Women's Group. The group's representatives who include Caroline Innis, Karen Perley, Marina Moulton, and Bet-te Paul make a series of recommendations to the Commission which they think will improve the lives and representation of Aboriginal women across Canada.

Talks about basic fundamental human rights under international law: physical existence, self-determination, and the use of natural resources.

Law Thesis (LLM)--Western University, 2018.

Looks at a number of current and critical conflicts associated with Aboriginal rights, treaty rights, and the inherent right to First Nations self-government. Scroll down to access article.

Contends that the policy is contingent on Western notions of feminism and gender roles.