Resource Library

1 year 4 months
2015 / PDF
Traditional knowledge and oral traditions history are crucial lines of evidence in Aboriginal claims litigation and alternative forms of resolution, most notably claims commissions. This article explores the ways in which these lines of evidence pose numerous challenges in terms of how and where they can be presented, who is qualified to present it, questions about whether this evidence can stand...
Author(s): Arthur J. Ray, University of British Columbia
1 year 5 months
2015 / PDF
The purpose of this booklet is to set out the Land Development Procedures on Shxwhá:y Village Reserve land for developers, interest-holders, residents and other persons with interests in Shxwhá:y Village Lands. 
Resource Producer: New Relationship Trust
1 year 8 months
2005 / PDF
Employers today face potential liability from a number of fronts. For example, employers can be held liable for improperly hiring, firing, demoting or transferring employees. They can face sanctions for failing to comply with legislated minimums, such as wages, vacation time, and medical, disability and parental leaves. Employers may also be held responsible for the actions of their employees,...
Author(s): Eamon Murphy and Kathryn Deo, Woodward & Company
1 year 8 months
2008 / PDF
The purpose of this paper is to use the recent William decision to illustrate that oral history is a source of information that provides a more complete understanding of the issues and legal tests involved in Aboriginal rights litigation and is often the only evidence available for Courts to consider. Oral history not only illuminates historic events, but it provides context and an Aboriginal...
Author(s): Gary S. Campo, of Woodward & Company, Victoria, BC
1 year 8 months
2010 / PDF
The proposed First Nations Property Ownership Act (FNPO) is an initiative that would “permit First Nations who wish to hold the legal title to their lands to do so; and ... to do so without risking the loss of their governance powers...no matter what ownership rights the First Nations may themselves decide to allow.”
Author(s): Woodward and Company
Found in: Legal | Rights & Title
1 year 8 months
2000 / PDF
This paper considers the problem of domestic and international non-compliance with aboriginal customary law regarding traditional designs, ritual knowledge and other intellectual property. It begins by outlining the general failure of domestic and international copyright law to provide a legal solution. It follows with discussion of the Galinbingu people’s recent success in the breakthrough...
Author(s): Written by David Robbins, B.A., L.L.B
1 year 8 months
2015 /
Canada’s federal drug policy under the Harper government (2006 to present) is “tough on crime” and dismissive of public health and harm reduction approaches to problematic drug use. Drawing on insights from discourse and critical race theories, and Bacchi’s (2009) poststructural policy analysis framework, problematic representations in Canada’s federal drug policy discourse are examined through...
Author(s): Shelley G. Marshall, University of Manitoba
1 year 8 months
2015 / PDF
This article provides an in-depth analysis of selective land use and resource management policies in the Province of Ontario, Canada. It examines their relative capacity to recognize the rights of First Nations and Aboriginal peoples and their treaty rights, as well as their embodiment of past Crown–First Nations relationships. An analytical framework was developed to evaluate the manifest and...
Author(s): Fraser McLeod, Queen's U; Leela Viswanathan, Queen's U; Graham S. Whitelaw, Queen's U; Jared Macbeth, Walpole Island FN; Carolyn King, Mississaugas of the New Credit FN; Daniel D. McCarthy, U of Waterloo; Erin Alexiuk, U of Waterloo
Found in: Legal | Rights & Title | Treaty
1 year 8 months
2014 / PDF
On September 13, 2007, the United Nations General Assembly voted to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP). This was an historic event as work on UNDRIP had been ongoing for 30 years before its passage. Today, UNDRIP provides a framework for addressing human rights protections for Indigenous peoples globally. This article examines the significance of UNDRIP as a public...
Author(s): Roxanne T. Ornelas, Miami University, Ohio
1 year 8 months
2013 / PDF
In 2008, I wrote a paper primarily based on the Plaintiff’s Final Argument, which postulated that oral history is “... a source of information that provides a more complete understanding of the issues and legal tests involved in Aboriginal rights litigation. Oral history not only illuminates historic events, but it provides context and an Aboriginal perspective to those events.
Author(s): Gary S. Campo, of Woodward & Company

Advertisements