Section 35 (1): Aboriginal and Treaty Rights

Book review of: Home and Native Land by Michael Asch.

Discusses how Bill C-21 demonstrates the differences between First Nations and the federal Conservative government. It also explores group rights as opposed to individual rights.

Report for the PBLI Canadian Aboriginal Law 2013 Forum, held November 25 and 27, 2013 in Ottawa. Explains the Canadian Human Rights Act, sec. 67 and Aboriginal inequality.

Looks at the Federal Court of Appeal's decision to endorse the Canadian Human Rights Tribunal's ruling regarding challenges to discriminatory federal legislation.

Connects the links between protest, resistance, human security, constitutional rights and Bill C-36.

Discusses inclusions in a Self-Government Agreement referring to the Yukon First Nation Self-Government Agreement, personal and territorial jurisdictions, concurrent and exclusive powers and connections between Aboriginal, federal and provincial laws..

Discusses changes and struggles Aboriginal women have experienced regarding their rights in Bill C-31 and the Canadian Charter of Rights and Freedoms.

Interview with MP on reasons why the right to free, prior and informed consent is important.

Focuses on the political struggle of Aboriginal women to attain parity with other Canadians.

Examines whether the protections of the Charter guaranteed to Canadian citizens should apply to First Nations people in their relationship with their own tribal members who are also Canadian citizens.

"National publication for the Indians of Canada". Focus on Indigenous issues, events at residential schools and legal decisions. Previously published as Indian Missionary Record. Articles reflect the attitudes and polices of the time.

Discusses the ramifications of Bill C-31, which amended the Indian Act, and the policy options available to the Registrar of Indian and Northern Affairs to deal with the inequities that have arisen in terms of children having status.

Chronicles how the interpretation by Aboriginal Affairs and Northern Development Canada deprives Aboriginal children their rights.

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

Summarizes key decisions dealing with: consultation, projects and decision making; injunctions; procedural matters; and Section 35, treaty and other issues during 2019 and the first half of 2020.

Topics include civil law legal traditions, common law legal traditions, Indigenous legal traditions, governments and courts, and dispute resolution bodies.

Includes analysis of three documents: Principals' Accord on Transforming Treaty Negotiations in British Columbia, Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia, and The Report of the British Columbia Claims Task Force.

Discusses principles that should be used when building consensus including: early and ongoing consultation, meaningful dialogue, and inclusivity, accessibility and capacity enhancement. Fostering partnerships based on the application of Indigenous knowledge, sustainable and equitable development, infrastructure modernization and energy independence. "June 2019, 42nd Parliament, 1st Session"

Brief profile of James Miles Venne, Lac La Ronge Indian Band chief, who helped create Kitsaki Development Corporation, set up band control of the local education system and lobbied for Aboriginal and treaty rights to be included in the Canadian Constitution.

Entire issue on one pdf. To access article scroll to p.26.

Discusses B.C. case where complainant, a First Nations woman who took legal action against the Indian Registrar to regain her Indian status, felt that Section 6 was unconstitutional and contrary to the Canadian Charter of Rights and Freedoms.

Entire issue on one pdf. To access article scroll to p.9.

Examines whether the Canadian judiciary system is capable of furthering reconciliation through interpretation of legal rights and duties. Chapter eight in: The Politics of Reconciliation in Multicultural Societies edited by Will Kymlicka and Bashir Bashir.

Argues that the K.L.W. decision is flawed, outdated and inconsistent with past law, and fails to recognize the rights of both child and parent in the context of protection.

Book Review of: Keeping Promises edited by Terry Fenge and Jim Aldridge.

Discussion of current land and resource strategies used by the federal and provincial governments and how they interface with Aboriginal law and Aboriginal rights and title.

Two presentations: "The Need for a Unique Métis Claims Process - Minister's Special Representative Report (2016) on Métis Section 35 Rights" and "Métis Scrip: A Claim Against the Crown". Followed by question and answer period. Duration: 1:54:44.

Reports on activities and publications of the Commission, and discusses Fort McKay Treaty Land entitlement. Complete issue on one pdf.

Law Thesis (LL.M.)--York University, 2005.

Concludes that band councils cannot exclude off-reserve members from receiving their fair share of any per capita distribution of money. Entire issue on one pdf. Scroll to page 1 to locate article.

Political Science Thesis (M.A.)--University of Regina, 2012.

Discusses how the decision addresses sentencing of Aboriginal offenders, amendments to the Criminal Code and criminal legislation in Bill C-10.

[English and Comparative Literature]Thesis (Ph.D.)--University of London, 2014. Focuses on Halfbreed by Maria Campbell, In Search of April Raintree by Beatrice Culleton Mosionier, and works by Gregory Scofield.

Discusses the regulation of the sale of alcohol, by way of the 1876 Indian Act, and the commitment to assimilation.

Looks at equality before the law and legal interpretation of section 15 of the Indian Act amendments.

Depicts the status of Iroquoian Matriarchy, focusing on its structures, powers and functions, and presents recommendations for the matriarchal system within the Canadian Constitution and the Charter.

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

Reports on results of submissions from, and consultations with, Métis organizations, governments and institutions, and representatives from federal and provincial / territorial governments.

Looks at the deficiencies of Bill C-31 in addressing gender discrimination and Aboriginal status as amendments to the Indian Act .

Court ruling found that the registration provisions in the Indian Act were unconstitutional as they violated the equality provision of the Charter of Rights and Freedoms.

Discusses Supreme Court of Canada (SCC) ruling on Aboriginal rights in relation to customs, excise, cross- border trade and taxation and attempt of SCC to seek a balance in their determination of limitations set.

Includes three case studies: Namgis First Nation and the Orca Sand and Gravel Project, Tahltan Iskut First Nation and the Galore Creek Project, and Union of New Brunswick Indians and the Emera Pipeline.

Keynote speaker discusses his report A Matter of National and Constitutional Import: Report of the Minister's Special Representative on Reconciliation with Métis: Section 35 Métis Rights and the Manitoba Metis Federation Decision. Duration: 1:03:28. Second part (beginning at 1:08:32) consists of panel presentations on "Promises and Pitfalls of Daniels". Speakers discuss implications of decision for Métis self-identification, Métis in Quebec, and the Métis nation. Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan.

Nine indicators used: recognition of land/title, self-government rights, cultural rights, and customary law, upholding historic treaties and/or signing new treaties, guarantees of representation/consultation in central government, affirmation of distinct status, support/ratification for international instruments, and affirmative action. 2nd edition.

Looks at various socially and culturally constructed categories of discrimination and demonstrates the need for courts to employ multidimensionality theory in cases of complex oppression.

Objective of document is to help local governments understand Aboriginal rights, opportunities for engagement, and obligations when there is a duty to consult. Case studies: Teston Site Ossuary, town of Midland, Common Ground Working Group with Abitibi-Consolidated, Elliot Lake--Serpent River First Nation Memorandum of Agreement, and Belle Island and Kingston.

Young woman talks about overcoming her struggles, completing a criminology diploma, and working with sexually exploited Aboriginal children and youth.

Summit held to discuss and develop a set of strategic actions which would enable partners to develop action plans.

Association argued it suffered from inequitable funding and insufficient rights of participation in comparison to the four male-dominated national Aboriginal organizations.