Cover Title Copyright Acknowledgements Contents Preface Introduction Table of Cases Table of Statutes Chronology of Key Events Chapter 1: Aboriginal Peoples and the Law 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 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 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 (i). St Catharine's Milling and Lumber Company v. The Queen (ii). Some Early British and American Colonial Cases of Relevance to Occupancy-Based Title (iii). Calder et al. v. Attorney General of British Columbia (iv). Some Post-Calder Canadian Decisions (v). Hamlet of Baker Lake et al. v. Minister of Indian Affairs and Northern Development. (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 (a). Calder et al. v. Attorney General of British Columbia (b). Address of 16 and 17 December 1867 (c). Kruger and Manuel v. The Queen 8. Questions 9. Further Reading Chapter 4: Pre-Confederation Treaties Chronology of Indian Treaties to Confederation 1. The Nature of Indian Treaties 2. Why are there Treaties? (a). St Catharine's Milling and Lumber Company v. The Queen (b). Johnson and Graham's Lessee v. McIntosh (c). Worcester v. The State of Georgia 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 (a). R. v. Isaac (b). R. v. Cope (c). R. v. Simon (d). R. v. Taylor and Williams (e). Pawis v. The Queen 8. Further Reading Chapter 5: Post-Confederation Treaties 1. The Treaty-Making Process (a). Introduction: - The " Numbered" Treaties (b). Treaty No. 9 - A Case Study (i). The Role of the Government of Ontario (ii). The " Negotiation" of Treaty No. 9 (iii). The Text of Treaty No. 9 (iv). R. v. Batisse 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 (a). St Catharine's Milling and Lumber Company V. The Queen (b). Re Paulette's Application 4. Treaty Annuities (a). Attorney General for Canada v. Attorney General for Ontario (Robinson Treaties Annuities Case). (b). Dominion of Canada v. Province of Ontario (Treaty No. 3 Annuities Case). 5. Treaty Hunting and Fishing Rights (a). Application of Federal Laws (i). R. v. Sikyea (ii). R. v. George (b). Application of Provincial Laws (i). R. v. White and Bob (ii). R. v. Taylor and Williams (iii). Kruger and Manuel v. R (c). Effect of the Constitution Act, 1930 (i) Constitution Act, 1930 and Federal Laws (ii). Constitution Act, 1930 and Provincial Laws 6. Other Treaty Rights (a). Indian Interpretation of Treaties (i). The First Nations: Indian Government in the Community of Man (ii). The Unjust Society (b). Judicial Interpretation: The "Medicine Chest" Clause in Treaty No. 6 (i). Dreaver v. R (ii). R. v. Johnston 7. Further Reading Chapter 6: Constitutional Issues in Native Law 1. He Makes the Best use of His Opportunities 2. The Constitution (a). The Constitution Act, 1982 (b). 1983 Constitutional Accord on Aboriginal Rights 3. Who is an Indian? 4. What Laws Apply to Indians? (a). Natural Parents v. Superintendent of Child Welfare, et al 5. What are " Lands Reserved for the Indians" and What Laws Apply on Those Lands? 6. Further Reading Chapter 7: The Application of Provincial Laws 1. A Review of the Cases 2. The Question of Section 88 3. Recent Family Law Cases (a). Re Ranville et al. and Attorney General of Canada 4. Non-Indians on the Reserve. 5. The Factor of Surrendered Lands Chapter 8: Reserve Lands 1. Object 2. The Establishment of Reserves (a). Town of Hay River v. The Queen and Chief Daniel Sonfrere 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 (i). Gingrich v. The Queen (ii). Johnson v. British Columbia Hydro (iii). The Queen v. Smith (iv). The Queen v. Devereux 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 (A). Ontario (B). The Prairie Provinces (C). British Columbia (D). The Atlantic Provinces (b). Locating Reserves Where There Are No Minerals (c). Management and Control of Mineral Development on Reserve Lands (i). Federal and Provincial Jurisdiction (A). Ontario and the Prairie Provinces (B). British Columbia (C). The Atlantic Provinces (D). Quebec (ii). Federal Administration 10. Water Rights 11. Surrender (a). Easterbrook v. The King (b). St Regis Islands Act (c). Surrenders for Sale in Saskatchewan (d). Cardinal v. The Queen (e). Ports Franks Properties v. The Queen (f). The Effect of a Surrender (g). Compliance with Terms of Surrender 12. Exemption from Seizure 13. Conclusion 14. Questions 15. Further Reading Chapter 9: Taxation. 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 (i). Nowegijick v. The Queen (b). Situs of Income 6. Sales Tax and Customs Duty (a). Francis v. The Queen (b). Lillian Brown v. The Queen in the Right of British Columbia (c). R. v. Simon 7. Conclusion 8. Questions 9. Further Reading Chapter 10: The Resolution of Land Claims 1. Introduction 2. The Development of a Federal Policy, and Indian Reactions (a). Statement of the Government of Canada on Indian Policy, 1969 (b). Citizens Plus, 1970 (c). Claims of Indian and Inuit People, 1973 (d). A New Proposal for Claims Resulution in Ontario, 1981 3. The New Federal Claims Policy 4. An Overview of Settled and Outstanding Claims (a). Claims Resolved (b). Outstanding Claims 5. Australian and American Experience (a). American Efforts at Resolving Claims (i). The Indian 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 Bay and Northern Quebec Agreement 1. Implementation Problems 2. The Implementation Process 3. Appendix I: A List of Federal and Provincial Enactments Ratifying and Implementing the James Bay and Norther Quebec Agreement Chapter 12: Canada's North and Native Rights 1. Canada as a Nation State and How This Relates to Northern Development 2. Northern 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.
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Print version: Morse, Bradford Aboriginal Peoples and the Law