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Chapter 1. Aboriginal peoples and the law / Bradford W. Morse
1. The aboriginal peoples in Canada
(a) Who are the aboriginal people?
(b) Demographic and economic information
(c) The position of aboriginal families
(d) Conclusion
2. Further reading
Chapter 2. Aspects of aboriginal rights in international law / Maureen Davies
1. Introduction
2. International legal principles
(a) Sources of international law
(b) The hierarchy of sources
(c) International law and domestic law
3. Historical roots of aboriginal rights in international law
4. The question of status in international law
(a) Sovereignty
(b) Treaties
(c) The concept of Guardianship
5. The question of territorial rights
(a) Discovery
(b) Occupation
(c) Conquest
(d) Cession
6. Conclusion
7. Questions
8. Further reading
Chapter 3. Aboriginal title / David W. Elliott
1. Introduction
2. Some aboriginal peoples' concepts of aboriginal title
(a) Together Today for our Children Tomorrow
(b) The Fourth World: An Indian Reality
(c) We Are Metis: A Metis View of the Development of a Native Canadian People
(d) "A Concept of Native Title"
(e) "A Dene's Views on the Pipeline"
3. Aboriginal title and the law
4. Legal status of aboriginal title
(a) The Royal Prerogative
(b) The common law
(c) Legislation: the Constitution
5. Content of aboriginal title (a) Degree of enjoyment
(b) Duration
(c) Alienation
(d) Inheritance
(e) Individual or communal ownership
(f) Proof
(g) Relationship with Crown interest in land
6. Extinguishment of aboriginal title and abridgment of aboriginal rights
7. Compensation for extinguishment of aboriginal title or abridgment of aboriginal rights
8. Questions
9. Further reading
Chapter 4. Pre-Confederation treaties / Bruce H. Wildsmith
Chronology of Indian Treaties to Confederation
1. The nature of indian treaties
2. Why are there treaties?
3. An indian view on the treaties
4. A legal distinction between pre- and post-confederation treaties?
5. The treaties, including proclamations and other documents
(a) The Maritime treaties
(b) The Ontario treaties
(c) The Vancouver Island treaties
6. An integrating overview
7. The Cases
8. Further reading
Chapter 5. Post-Confederation treaties / Norman K. Zlotkin
1. The treaty making process
(a) Introduction :
the "numbered" treaties
(b) Treaty No. 9
A case study
2. Status of Indian Treaties in Canadian law
(a) Native rights in Canada
(b) The First Nations: indian government in the community of man
(c) The First Nations: indian government and the Canadian Confederation
(d) "Aboriginal peoples and the Constitution"
3. Lands surrendered by treaty
4. Treaty annuities
5. Treaty hunting and fishing rights
(a) Application of federal laws
(b) Application of provincial laws
(c) Effect of the Constitution Act, 1930
6. Other treaty rights
(a) Indian interpretation of treaties
(b) Judicial interpretation: the "medicine chest" clause
7. Further reading
Chapter 6. Constitutional issues in native law / Noel Lyon
1. He makes the best use of his opportunities
2. The constitution
(a) The Consitution Act, 1982
(b) 1983 Constitutional Accord on aboriginal rights
3. What is an indian?
4. What laws apply to indians?
5. What are "lands reserved for indians" and what laws apply on those lands?
6. Further reading
Chapter 7. The application of provincial laws / Douglas Sanders
1. A review of the cases
2. The question of Section 88
3. Recent family law cases
4. Non-indians on the reserve
5. The factor of surrendered lands
Chapter 8. Reserve lands / Richard H. Bartlett
1. Object
2. The establishment of reserves
3. The provincial interest in reserve lands
(a) Seybold and Star Chrome Mining
(b) Quebec
4. The federal-provincial agreements respecting indian reserve lands
(a) Ontario
(b) The prairie provinces
(c) British Columbia
(d) The Atlantic provinces
5. The indian band interest in reserve lands
6. Trusteeship of reserve lands
7. The management of reserve lands
8. Possession of reserve lands
(a) Indian possession of reserve lands
(b) Entry on and possession of reserve lands by non-band members
9. Mineral rights on reserve lands
(a) Ownership and beneficial entitlement to minerals (i) The Usufruct
(ii) Precious metals
(iii) The treaties
(iv) The federal-provincial agreements
(b) Locating reserves where there are no minerals
(c) Management and control of mineral development on reserve lands (i) Federal and provincial jurisdiction
(ii) Federal administration
10. Water rights
11. Surrender
12. Exemption from seizure
13. Conclusion
14. Questions
15. Further reading
Chapter 9. Taxation / Richard H. Bartlett
1. Indian power to tax
2. The history of the exemption from taxation
(a) The treaties
(b) The franchise
(c) The indian acts
3. Provincial taxation subject to the terms of any treaty
4. Who is exempt?
5. Income taxation
(a) Income as a form of property exempt from taxation
(b) Situs of income
6. Sales tax and customs duty
7. Conclusion
8. Questions
9. Further reading
Chapter 10. The resolution of land claims / Bradford W. Morse
1. Introduction
2. The development of a federal policy, and indian reactions
3. The new federal claims policy
4. An overview of settled and outstanding claims
5. Australian and American experience
(a) American efforts at resolving claims
(i) The Indians Claims Commission
(ii) The Alaskan Settlement
(iii) The Eastern Claims
(b) The Australian experience
6. Conclusion
7. Questions
8. Further reading
Chapter 11. The Implementation of the James Bayand Northern Quebec Agreement / Wendy Moss
1. Implementation problems
2. The implementation process
3. Appendix I: List of federal and provincial enactments ratifying and implementing the James Bay and Northern Quebec Agreement
Chapter 12. Canada's north and native rights / Peter Cumming
1. Canada as a nation state and how this relates to northern development
2. Nothern development and institutions in decision-making
3. The Northwest Territories and Yukon Territory as jurisdictions, and the decision-making process
4. Arctic native peoples and land claims
5. Northern development projects, 1968-1984
6. Northern land claims
7. Recent court developments in respect of the question of aboriginal title, and related political developments
8. Historical legal theory and practice with respect to native title
9. The moral reasons for land claims settlement in the north
10. Social policy through land claims settlements
11. The prospects and principles with respect to a settlement of land claims in Canada's north
12. Recent practice with respect to the settlement of northern land claims
The Janes Bay Land Claims Settlement of 1975
13. The Alaska Land Claims Settlement of December 1971
14. The Abortive Yukon Land Claims Settlement of 1976
15. Inuit claims in the Northwest Territories
16. The Nishgas claim
17. The claims of the Dene and Metis of the Northwest Territories
18. The Constitution Act 1982 and northern land claims
Chapter 13. Abortiginal rights in international law: human rights / Maureen Davies
1. Introduction
2. The United Nations
(a) The Charter
(i) The preamble
(ii) Chapter I. Purposes and principles
(iii) Chapter IX. International economic and social cooperation
(b) The International Bill of Rights
(i) The Universal Declaration of Human Rights
(ii) The Covenants
(A) International Covenant on Civil and Political Rights
(B) The Covenant on Economic, Social and Cultural Rights
(c) Self-determination
(d) Convention on the prevention and punishment of the crime of genocide
(e) International convention on the elimination of all forms of racial discrimination
3. International Labour Organization: Convention 107
4. The Inter-American system
5. Conclusion
6. Questions
7. Further reading
1. The aboriginal peoples in Canada
(a) Who are the aboriginal people?
(b) Demographic and economic information
(c) The position of aboriginal families
(d) Conclusion
2. Further reading
Chapter 2. Aspects of aboriginal rights in international law / Maureen Davies
1. Introduction
2. International legal principles
(a) Sources of international law
(b) The hierarchy of sources
(c) International law and domestic law
3. Historical roots of aboriginal rights in international law
4. The question of status in international law
(a) Sovereignty
(b) Treaties
(c) The concept of Guardianship
5. The question of territorial rights
(a) Discovery
(b) Occupation
(c) Conquest
(d) Cession
6. Conclusion
7. Questions
8. Further reading
Chapter 3. Aboriginal title / David W. Elliott
1. Introduction
2. Some aboriginal peoples' concepts of aboriginal title
(a) Together Today for our Children Tomorrow
(b) The Fourth World: An Indian Reality
(c) We Are Metis: A Metis View of the Development of a Native Canadian People
(d) "A Concept of Native Title"
(e) "A Dene's Views on the Pipeline"
3. Aboriginal title and the law
4. Legal status of aboriginal title
(a) The Royal Prerogative
(b) The common law
(c) Legislation: the Constitution
5. Content of aboriginal title (a) Degree of enjoyment
(b) Duration
(c) Alienation
(d) Inheritance
(e) Individual or communal ownership
(f) Proof
(g) Relationship with Crown interest in land
6. Extinguishment of aboriginal title and abridgment of aboriginal rights
7. Compensation for extinguishment of aboriginal title or abridgment of aboriginal rights
8. Questions
9. Further reading
Chapter 4. Pre-Confederation treaties / Bruce H. Wildsmith
Chronology of Indian Treaties to Confederation
1. The nature of indian treaties
2. Why are there treaties?
3. An indian view on the treaties
4. A legal distinction between pre- and post-confederation treaties?
5. The treaties, including proclamations and other documents
(a) The Maritime treaties
(b) The Ontario treaties
(c) The Vancouver Island treaties
6. An integrating overview
7. The Cases
8. Further reading
Chapter 5. Post-Confederation treaties / Norman K. Zlotkin
1. The treaty making process
(a) Introduction :
the "numbered" treaties
(b) Treaty No. 9
A case study
2. Status of Indian Treaties in Canadian law
(a) Native rights in Canada
(b) The First Nations: indian government in the community of man
(c) The First Nations: indian government and the Canadian Confederation
(d) "Aboriginal peoples and the Constitution"
3. Lands surrendered by treaty
4. Treaty annuities
5. Treaty hunting and fishing rights
(a) Application of federal laws
(b) Application of provincial laws
(c) Effect of the Constitution Act, 1930
6. Other treaty rights
(a) Indian interpretation of treaties
(b) Judicial interpretation: the "medicine chest" clause
7. Further reading
Chapter 6. Constitutional issues in native law / Noel Lyon
1. He makes the best use of his opportunities
2. The constitution
(a) The Consitution Act, 1982
(b) 1983 Constitutional Accord on aboriginal rights
3. What is an indian?
4. What laws apply to indians?
5. What are "lands reserved for indians" and what laws apply on those lands?
6. Further reading
Chapter 7. The application of provincial laws / Douglas Sanders
1. A review of the cases
2. The question of Section 88
3. Recent family law cases
4. Non-indians on the reserve
5. The factor of surrendered lands
Chapter 8. Reserve lands / Richard H. Bartlett
1. Object
2. The establishment of reserves
3. The provincial interest in reserve lands
(a) Seybold and Star Chrome Mining
(b) Quebec
4. The federal-provincial agreements respecting indian reserve lands
(a) Ontario
(b) The prairie provinces
(c) British Columbia
(d) The Atlantic provinces
5. The indian band interest in reserve lands
6. Trusteeship of reserve lands
7. The management of reserve lands
8. Possession of reserve lands
(a) Indian possession of reserve lands
(b) Entry on and possession of reserve lands by non-band members
9. Mineral rights on reserve lands
(a) Ownership and beneficial entitlement to minerals (i) The Usufruct
(ii) Precious metals
(iii) The treaties
(iv) The federal-provincial agreements
(b) Locating reserves where there are no minerals
(c) Management and control of mineral development on reserve lands (i) Federal and provincial jurisdiction
(ii) Federal administration
10. Water rights
11. Surrender
12. Exemption from seizure
13. Conclusion
14. Questions
15. Further reading
Chapter 9. Taxation / Richard H. Bartlett
1. Indian power to tax
2. The history of the exemption from taxation
(a) The treaties
(b) The franchise
(c) The indian acts
3. Provincial taxation subject to the terms of any treaty
4. Who is exempt?
5. Income taxation
(a) Income as a form of property exempt from taxation
(b) Situs of income
6. Sales tax and customs duty
7. Conclusion
8. Questions
9. Further reading
Chapter 10. The resolution of land claims / Bradford W. Morse
1. Introduction
2. The development of a federal policy, and indian reactions
3. The new federal claims policy
4. An overview of settled and outstanding claims
5. Australian and American experience
(a) American efforts at resolving claims
(i) The Indians Claims Commission
(ii) The Alaskan Settlement
(iii) The Eastern Claims
(b) The Australian experience
6. Conclusion
7. Questions
8. Further reading
Chapter 11. The Implementation of the James Bayand Northern Quebec Agreement / Wendy Moss
1. Implementation problems
2. The implementation process
3. Appendix I: List of federal and provincial enactments ratifying and implementing the James Bay and Northern Quebec Agreement
Chapter 12. Canada's north and native rights / Peter Cumming
1. Canada as a nation state and how this relates to northern development
2. Nothern development and institutions in decision-making
3. The Northwest Territories and Yukon Territory as jurisdictions, and the decision-making process
4. Arctic native peoples and land claims
5. Northern development projects, 1968-1984
6. Northern land claims
7. Recent court developments in respect of the question of aboriginal title, and related political developments
8. Historical legal theory and practice with respect to native title
9. The moral reasons for land claims settlement in the north
10. Social policy through land claims settlements
11. The prospects and principles with respect to a settlement of land claims in Canada's north
12. Recent practice with respect to the settlement of northern land claims
The Janes Bay Land Claims Settlement of 1975
13. The Alaska Land Claims Settlement of December 1971
14. The Abortive Yukon Land Claims Settlement of 1976
15. Inuit claims in the Northwest Territories
16. The Nishgas claim
17. The claims of the Dene and Metis of the Northwest Territories
18. The Constitution Act 1982 and northern land claims
Chapter 13. Abortiginal rights in international law: human rights / Maureen Davies
1. Introduction
2. The United Nations
(a) The Charter
(i) The preamble
(ii) Chapter I. Purposes and principles
(iii) Chapter IX. International economic and social cooperation
(b) The International Bill of Rights
(i) The Universal Declaration of Human Rights
(ii) The Covenants
(A) International Covenant on Civil and Political Rights
(B) The Covenant on Economic, Social and Cultural Rights
(c) Self-determination
(d) Convention on the prevention and punishment of the crime of genocide
(e) International convention on the elimination of all forms of racial discrimination
3. International Labour Organization: Convention 107
4. The Inter-American system
5. Conclusion
6. Questions
7. Further reading