First Nations Law
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Recent papers in First Nations Law
In 2002, the Federal Court in Canada v. Misquadis ruled that Human Resources and Skills Development Canada (HRSDC) had discriminated against the urban Aboriginal community, a decision upheld on appeal (Ardoch Algonquin First Nation v.... more
Section 81 in the Indian Act, RSC 1985, c I-5, contains a broad range of subject matters over which Band Councils may pass by-laws. To date, this provision has been underutilized by most First Nation governments. One of the main reasons... more
Humans are experiencing a crisis in our relationship with the natural world. Our impact on all other living systems, through climate change, land clearing and use of chemicals and plastics is, frankly, apocalyptic. Yet to speak in these... more
The United Nations Declaration on the Rights of Indigenous Peoples (2007) implicitly recognizes urban Indigenous self-determination and acknowledges collective and individual Indigenous rights. This essay examines the tensions associated... more
This report presents the range of perspectives from several First Nations across British Columbia on the proposed, and now enacted, Water Sustainability Act.
On September 13, 2007, a quarter century after it was first proposed, the United Nations General Assembly overwhelmingly passed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by a vote of 144 to 4 (with 11... more
With the 1979 Community Mandate to move towards Traditional Government, the community of Kahnaw&ke has consistently requested more involvement in decision-making on issues thataffect the community as a whole. The Kahnaw&ke Community... more
This report presents the range of perspectives from several First Nations across British Columbia on the proposed, and now enacted, Water Sustainability Act.
En 2017, l’Observatoire national en matière de droits linguistiques présentait le colloque "Regards croisés et autochtones des problématiques linguistiques au Canada et au Québec". Or, hormis la seule paneliste autochtone, aucun n’aura... more
Section 81 in the Indian Act, RSC 1985, c I-5, contains a broad range of subject matters over which Band Councils may pass by-laws. To date, this provision has been underutilized by most First Nation governments. One of the main reasons... more
With the 1979 Community Mandate to move towards Traditional Government, the community of Kahnawa:ke has consistently requested more involvement in decision-making on issues that affect the community as a whole. The Kahnawa:ke Community... more
"Accountability" has been a prominent theme of critics of First Nations governments. Canada's new law, the First Nations Financial Transparency Act, requires First Nations to publish annual audited consolidated financial statements they... more