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Gender, Justice, And The Indian Residential School Claims Process, Cindy Hanson 2016 University of Regina

Gender, Justice, And The Indian Residential School Claims Process, Cindy Hanson

The International Indigenous Policy Journal

Survivors of Indian Residential Schools in Canada are involved in one of the largest compensation processes in the world. A significant component in the Indian Residential School Settlement Agreement (IRSSA) is the Independent Assessment Process (IAP), an out-of-court process aimed at resolving claims related to serious physical and sexual abuse suffered at residential schools. This article discusses a community–university research collaboration, which set out to explore how women involved in the IAP, including Survivors, support workers, lawyers, and adjudicators, understood the capacity of the model to facilitate healing. The results suggest attention to several aspects of policy development including ...


Elders' Teachings About Resilience And Its Implications For Education In Dene And Cree Communities, John G. Hansen, Rose Antsanen 2016 University of Saskatchewan

Elders' Teachings About Resilience And Its Implications For Education In Dene And Cree Communities, John G. Hansen, Rose Antsanen

The International Indigenous Policy Journal

This study developed out of a need to discuss Eurocentrism in Indigenous education and to provide what the Elders describe as an appropriate educational experience. The purpose of the study was, within a northern context, to discuss Indigenous education, and how educators and Elders perceived their cultural models, values, and aspirations of Indigenous resilience. This study deals with Indigenous resilience based on knowledge held by Indigenous educators and Elders with respect to the traditional teachings and values within Indigenous cultures in Northern Manitoba. We present the perspectives held by these constituents with respect to the notions of Indigenous resiliency. Two ...


Lessons From History: The Recent Applicability Of Matrimonial Property And Human Rights Legislation On Reserve Lands In Canada, Stacey L. MacTaggart 2016 University of Western Ontario

Lessons From History: The Recent Applicability Of Matrimonial Property And Human Rights Legislation On Reserve Lands In Canada, Stacey L. Mactaggart

Western Journal of Legal Studies

The 1986 decisions of Derrickson v Derrickson and Paul v Paul highlighted the legislative gaps in the Indian Act with respect to the division of on-reserve matrimonial property. Provincial family property legislation could not apply to account for the absence of matrimonial land rights provisions in the federal Indian Act. This is because the Supreme Court of Canada rigidly applied the doctrine of interjurisdictional immunity. Indigenous women have been disproportionately affected by the lack of on-reserve matrimonial real property provisions. The recent enactment of the Family Homes on Reserves and Matrimonial Interests or Rights Act (MIRA) is meant to finally ...


Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe 2016 University of Ottawa Faculty of Law

Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe

Western Journal of Legal Studies

Section 231(5)(e) of the Criminal Code elevates murder to first-degree murder when a death is caused while committing unlawful confinement per s. 279 of the Criminal Code. The corresponding mandatory sentence is life imprisonment with no eligibility for parole until 25 years have been served. The Supreme Court of Canada held that this provision was constitutional in R v Luxton, since it did not violate the principles of fundamental justice and was not considered cruel and unusual punishment, contrary to s. 7 and 12 of the Canadian Charter of Rights and Freedoms, respectively.

However, lower courts ought to ...


Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson 2015 Alexander Blewett III School of Law at the University of Montana

Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson

Public Land and Resources Law Review

In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.


Indigenous Intellectual Property: A Handbook Of Contemporary Research, Matthew Rimmer, Matthew Rimmer 2015 Queensland University of Technology

Indigenous Intellectual Property: A Handbook Of Contemporary Research, Matthew Rimmer, Matthew Rimmer

Matthew Rimmer

In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, this volume considers the international struggle to provide for proper and just protection of Indigenous intellectual property. Leading scholars consider legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. This collection examines national developments in Indigenous intellectual property in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. As well as examining the historical origins of conflicts over Indigenous knowledge, the volume examines new challenges ...


The Legacy Of David Unaipon, Matthew Rimmer 2015 Queensland University of Technology

The Legacy Of David Unaipon, Matthew Rimmer

Matthew Rimmer

The historical case of David Unaipon is a good starting point for a wider discussion of Indigenous intellectual property law, practice and reform. His story is a microcosm of larger battles over the cultural appropriation of Indigenous culture, iconography and science. David Unaipon could be seen as a beneficiary of intellectual property law. He is a creator of copyright works; an inventor of patented inventions; and an iconic figure, worthy of personality rights. His creative and scientific work has been an inspiration for others. David Unaipon could also be seen as being disenfranchised by intellectual property law. He lost ownership ...


Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore 2015 University of Montana - Missoula

Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore

Public Land and Resources Law Review

In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.


Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea Curcio 2015 Georgia State University College of Law

Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea Curcio

Andrea A. Curcio

This article discusses how, from the late 1800s through the early 1970s, the American government removed American Indian children from their parents and placed them in government-run boarding schools as part of the plan to decimate American Indians as a distinct people. It discusses the schools' inhumane living conditions as well as the abuse suffered by young children as the government implemented its de-culturization plan through these schools. The article then discusses potential civil claims available to boarding school attendees, including claims under the Tucker Act and FTCA, as well as international law claims. It also briefly reviews Canadian governmental ...


Gas, Roads, And Glory: North Dakota And Mha Nation's Struggle Over Flaring Regulation, Erica Beacom 2015 College of William & Mary Law School

Gas, Roads, And Glory: North Dakota And Mha Nation's Struggle Over Flaring Regulation, Erica Beacom

William & Mary Environmental Law and Policy Review

No abstract provided.


In Search Of Women’S Equal Right To Property In India - Recent Judicial Developments, Archana Mishra 2015 Selected Works

In Search Of Women’S Equal Right To Property In India - Recent Judicial Developments, Archana Mishra

Archana Mishra

Women’s economic status influenced by her ownership and control over immovable property is hardly reflected in Indian society even after India having achieved independence more than half a century before. Effective rights to women in property cannot spring from closed and restrictive mindset of the legislature. The recent decisions of Supreme Court of India and various High Courts expanding the scope of much denied property rights to women in India encapsulate the essence and spirit of the Constitution. Some of the recent striking developments in the field of allowing property rights to women e.g., right of tribal women ...


Habeas Corpus Petitions In Federal And Tribal Courts: A Search For Individualized Justice, Carrie E. Garrow 2015 College of William & Mary Law School

Habeas Corpus Petitions In Federal And Tribal Courts: A Search For Individualized Justice, Carrie E. Garrow

William & Mary Bill of Rights Journal

No abstract provided.


Video: Session 11: The Way Forward And The World Energy Justice Program, Jonah Levine, Jose Ambrozic, William Boyd, Doug Vilsack, Sarah Barker-Ball, Evan Thomas, Lakshman Guruswamy 2015 Selected Works

Video: Session 11: The Way Forward And The World Energy Justice Program, Jonah Levine, Jose Ambrozic, William Boyd, Doug Vilsack, Sarah Barker-Ball, Evan Thomas, Lakshman Guruswamy

Evan A. Thomas

VIDEO:

4:15 p.m. - 5:30 p.m.

Institutional: UN and Civil Society Responses, Session 11: The Way Forward & the World Energy Justice Program

Chair: The Hon. John Zebrowski, Mediator and Arbitrator, and formerly of the California Court of Appeals

Speakers:

Jonah Levine, Research Faculty, CEES and Coordinator, US Biochar Initiative

Jose Ambrozic, Director, St. Malo

Dr. William Boyd, Associate Professor of Law, University of Colorado at Boulder

Doug Vilsack, President Elephant Energy

Sarah Barker-Ball, Co-President, Berkeley Energy and Resources Collaborative (BERC)

Evan Thomas, CEO, Manna Energy

Dr. Lakshman Guruswamy, Nicholas Doman Professor of International Environmental Law, University of ...


Evaluation Of The Native Courtworker And Counselling Association Of British Columbia: A Synopsis, Frederick Zemans 2015 Osgoode Hall Law School of York University

Evaluation Of The Native Courtworker And Counselling Association Of British Columbia: A Synopsis, Frederick Zemans

Frederick H. Zemans

No abstract provided.


Evaluation Of The Native Courtworker And Counselling Association Of British Columbia, Frederick Zemans, Ronni Richards, James Nicol 2015 Osgoode Hall Law School of York University

Evaluation Of The Native Courtworker And Counselling Association Of British Columbia, Frederick Zemans, Ronni Richards, James Nicol

Frederick H. Zemans

No abstract provided.


Can The United States Be Held Liable For Its Failure To Maintain Fort Apache?, Nell Newton 2015 Notre Dame Law School

Can The United States Be Held Liable For Its Failure To Maintain Fort Apache?, Nell Newton

Nell Jessup Newton

No abstract provided.


Federal Power Over Indians: Its Sources, Scope, And Limitations, Nell Newton 2015 Notre Dame Law School

Federal Power Over Indians: Its Sources, Scope, And Limitations, Nell Newton

Nell Jessup Newton

No abstract provided.


Counties Seek To Tax Land Owned By Indians On Indian Reservations, Nell Newton 2015 Notre Dame Law School

Counties Seek To Tax Land Owned By Indians On Indian Reservations, Nell Newton

Nell Jessup Newton

No abstract provided.


At The Whim Of The Sovereign: Aboriginal Title Reconsidered, Nell Newton 2015 Notre Dame Law School

At The Whim Of The Sovereign: Aboriginal Title Reconsidered, Nell Newton

Nell Jessup Newton

No abstract provided.


Regulating Bingo On Reservations: Will Indian Tribes Hit The Jackpot?, Nell Newton 2015 Notre Dame Law School

Regulating Bingo On Reservations: Will Indian Tribes Hit The Jackpot?, Nell Newton

Nell Jessup Newton

No abstract provided.


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