2008 - English - Technical
The Crown’s Constitutional Duty to Consult and…
In this report from the National Centre for First Nations Governance, Morellato discusses the importance of the Government’s duty to consult Aboriginal people with respect to their traditional lands, resources, and governance. She argues that the decisions made by the Crown can either facilitate Indigenous governance and self-determination or can …
2011 - English - Academic
Let's Get on With it: Implementing the Declara…
Indigenous Peoples in Canada actively participated in the drafting and negotiating of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), however the Canadian government maintains that UNDRIP is only an aspirational document. The author suggests that Indigenous people, communities, and lawyers start using UNDRIP when judgi…
2006 - English - Academic
Indigenous Governance: Questioning the Status …
Are Indigenous governments considered government and what is their place in the federal order of Canada? The paper begins with a brief discussion of forms of Indigenous governance. The author then argues that Indian Act band councils are not ‘true’ governments, and that Indigenous governance could be reconciled within the Canadian constitutional o…
2014 - English - Academic
Consulting Whom? Lessons from the Toronto Urba…
The Urban Aboriginal Strategy (UAS) in Toronto has the purpose of providing support to Aboriginal communities in urban settings. This article asks: Does the UAS provide Aboriginal participants with the ability to effectively participant in the consultation process? It is argued that Aboriginal peoples are not effectively participating in UAS consu…
2014 - English - Practical
Tsilqhot'in victory bolsters First Nations acr…
Tsilhoqot’in people won a case that was brought to the Supreme Court of Canada over legal title to 1,700 square kilometres of traditional hunting and trapping territories. The ruling gives legal validity to the long-standing Aboriginal claims to territory beyond their reserves. While this ruling does require that governments justify economic proje…
2014 - English - Academic
Survey of Aboriginal Canadians' Perceptions of…
The government of Canada researched the perceptions of the mineral exploration and mining industry among Aboriginal Canadians residing in rural/remote communities across Canada. They found that 49% of Aboriginal people view mineral exploration unfavorably.