LibGuides: Subject Bibliography in Law: First Nations, Inuit, Métis and the Law

Print & eBook Resources

21 Things You May not Know about the Indian Act: Helping Canadians Make Reconciliation with Indigenous People a Reality by Bob Joseph
Call Number: KF 8205 J67 2018 / eBook

ISBN: 9780995266520

Publication Date: 2018

Based on a viral article, 21 Things You May Not Know About the Indian Act is the essential guide to understanding the legal document and its repercussion on generations of Indigenous peoples, written by a leading cultural sensitivity trainer. The Indian Act, after 141 years, continues to shape, control, and constrain the lives and opportunities of Indigenous peoples, and is at the root of many lasting stereotypes. Bob Joseph's book comes at a key time in the reconciliation process, when awareness from both Indigenous and non-Indigenous communities is at a crescendo. Joseph explains how Indigenous peoples can step out from under the Indian Act and return to self-government, self-determination, and self-reliance-and why doing so would result in a better country for every Canadian. He dissects the complex issues around truth and reconciliation, and clearly demonstrates why learning about the Indian Act's cruel, enduring legacy is essential for the country to move toward true reconciliation.
Braiding Legal Orders by John Borrows, Larry Chartrand, Oonagh E. Fitzgerald, Risa Schwartz (Eds.)
Call Number: K 3247 B73 2019 / eBook

ISBN: 9781928096801

Publication Date: 2023

Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as "a way forward" on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.
Canadian Law and Indigenous Self-Determination: A Naturalist Analysis by Gordon Christie
Call Number: KF 8205 C47 2019 / eBook

ISBN: 9781442637511

Publication Date: 2019

For centuries, Canadian sovereignty has existed uneasily alongside forms of Indigenous legal and political authority. Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal and social landscape. Adopting a naturalist analysis, Gordon Christie responds to questions about how to theorize this legal phenomenon, and how the study of law should accommodate the presence of diverse perspectives. Exploring the socially-constructed nature of Canadian law, Christie reveals how legal meaning, understood to be the outcome of a specific society, is being reworked to devalue the capacities of Indigenous societies. Addressing liberal positivism and critical postcolonial theory, Canadian Law and Indigenous Self-Determinationconsiders the way in which Canadian jurists, working within a world circumscribed by liberal thought, have deployed the law in such a way as to attempt to remove Indigenous meaning-generating capacity.
Consolidated Aboriginal Law Statutes, Regulations and Treaties 2025 by Jack Woodward, K.C.
Call Number: KF 8208.8 C36

ISBN: 9781038200228

Publication Date: 2023

Under the editorial direction of Jack Woodward, Consolidated Aboriginal Law Statutes, Regulations, and Treaties 2025 brings together a timely consolidation of the significant statutes, regulations, and treaties that have an impact on the area of Aboriginal law. Additionally, this text contains helpful finding tools that simplify research, including a detailed master table of contents, a table of contents for each statute, and a comprehensive keyword index. In this edition we include two important enactments of the British Columbia legislature. The Haida Nation Recognition Act, SBC 2023, c. 24, together with the amendments to it found in the Haida Nation Recognition Amendment Act, 2024, SBC 2024, c. 23, appears to be the first time that a provincial legislature has attempted to recognize Aboriginal Title by legislation. Also included is the interesting amendment to the Land Title Act found in the Land Title and Property Law Amendment Act, 2024.The legislation provides that "A First Nation has the power and capacity of a natural person to acquire and dispose of land in British Columbia". This corrects a long-standing difficulty faced by British Columbia First Nations, that they could not register title to land in the name of the first nation itself, and instead found it necessary to utilize trusts, corporations, and other legal devices to acquire title to fee simple lands off reserve.
Creating Indigenous Property by Val Napoleon; Sari Graben; Angela Cameron
Call Number: KF 8210 P76 C74 2020 / eBook

ISBN: 9781487505455

Publication Date: 2020

While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Propertycontributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Daniels V. Canada by Nathalie Kermoal, Chris Andersen (Eds.)
Call Number: KF 8210 N36 D36 2021 / eBook

ISBN: 9780887559334

Publication Date: 2021

In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were "Indians" under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are "owed." Attention to Daniels v. Canada's variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding "law" beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.
A Digital Bundle by Jennifer Wemigwans
Call Number: KF 8210 I57 W46 2018 / eBook

ISBN: 9780889775510

Publication Date: 2018

An essential contribution to Internet activism and a must read for Indigenous educators, A Digital Bundle frames digital technology as an important tool for self-determination and idea sharing, ultimately contributing to Indigenous resurgence and nation building. By defining Indigenous Knowledge online in terms of "digital bundles," Jennifer Wemigwans elevates both cultural protocol and cultural responsibilities, grounds online projects within Indigenous philosophical paradigms, and highlights new possibilities for both the Internet and Indigenous communities.
Essentials of Canadian Aboriginal Law by Kerry Wilkins
Call Number: KF 8205 W5295 2018

ISBN: 0779886224

Publication Date: 2018

Essentials of Canadian Aboriginal Law is the print version of the Canadian Encyclopedic Digest title. The book discusses the current Canadian law about Indigenous peoples living in Canada. It deals with Canadian constitutional law and federal non-criminal statute law as they pertain to Indigenous peoples.
First Nations? Second Thoughts by Tom Flanagan
Call Number: KF 8210 G6 F59 2019 / eBook

ISBN: 9780773558533

Publication Date: 2019

Over the last thirty years Canadian policy on aboriginal issues has come to be dominated by an ideology that sees aboriginal peoples as "nations" entitled to specific rights. Indians and Inuit now enjoy legal privileges that include the inherent right to self-government, collective property rights, immunity from taxation, hunting and fishing rights without legal limits, and free housing, education, and medical care. Underpinning these privileges is what Tom Flanagan describes as "aboriginal orthodoxy" - the belief that prior residence in North America is an entitlement to special treatment. Flanagan shows that this orthodoxy enriches a small elite of activists, politicians, administrators, and well-connected entrepreneurs, while bringing further misery to the very people it is supposed to help. Controversial and thought-provoking, First Nations? Second Thoughts dissects the prevailing ideology that determines public policy towards Canada's aboriginal peoples. Flanagan analyzes the developments of the last ten years, showing how a conflict of visions has led to a stalemate in aboriginal policy-making. He concludes that aboriginal success will be achieved not as the result of public policy changes in government but through the actions of the people themselves.
From Treaties to Reserves by D. J. Hall
Call Number: KF 8210 G6 H355 2015 / eBook

ISBN: 9780773545946

Publication Date: 2016

Though some believe that the Indian treaties of the 1870s achieved a unity of purpose between the Canadian government and First Nations, in From Treaties to Reserves D.J. Hall asserts that - as a result of profound cultural differences - each side interpreted the negotiations differently, leading to conflict and an acute sense of betrayal when neither group accomplished what the other had asked. Hall explores the original intentions behind the government's policies, illustrates their attempts at cooperation, and clarifies their actions. While the government believed that the Aboriginal peoples of what is now southern and central Alberta desired rapid change, the First Nations, in contrast, believed that the government was committed to supporting the preservation of their culture while they adapted to change. Government policies intended to motivate backfired, leading instead to poverty, starvation, and cultural restriction. Many policies were also culturally insensitive, revealing misconceptions of Aboriginal people as lazy and over-dependent on government rations. Yet the first two decades of reserve life still witnessed most First Nations people participating in reserve economies, many of the first generation of reserve-born children graduated from schools with some improved ability to cope with reserve life, and there was also more positive cooperation between government and First Nations people than is commonly acknowledged. The Indian treaties of the 1870s meant very different things to government officials and First Nations. Rethinking the interaction between the two groups, From Treaties to Reserves elucidates the complexities of this relationship.
Governing Transboundary Waters by Emma S. Norman
Call Number: KF 8210 W38 N67 2015 / eBook

ISBN: 0415838592

Publication Date: 2015

Winner of the Political Geography Specialty Group's 2015 Julian Minghi Distinguished Book Award! With almost the entire world's water basins crossing political borders of some kind, understanding how to cooperate with one's neighbor is of global relevance. For Indigenous communities, whose traditional homelands may predate and challenge the current borders, and whose relationship to water sources are linked to the protection of traditional lifeways (or 'ways of life'), transboundary water governance is deeply political. This book explores the nuances of transboundary water governance through an in-depth examination of the Canada-US border, with an emphasis on the leadership of Indigenous actors (First Nations and Native Americans). The inclusion of this "third sovereign" in the discussion of Canada-U.S. relations provides an important avenue to challenge borders as fixed, both in terms of natural resource governance and citizenship, and highlights the role of non-state actors in charting new territory in water governance. The volume widens the conversation to provide a rich analysis of the cultural politics of transboundary water governance. In this context, the book explores the issue of what makes a good up-stream neighbor and analyzes the rescaling of transboundary water governance. Through narrative, the book explores how these governance mechanisms are linked to wider issues of environmental justice, decolonization, and self-determination. To highlight the changing patterns of water governance, it focuses on six case studies that grapple with transboundary water issues at different scales and with different constructions of border politics, from the Pacific coastline to the Great Lakes.
A History in Indigenous Voices by Carol Cornelius
Call Number: KF 8210 T76 C67 2023

ISBN: 9781976600098

Publication Date: 2023

Treaties made in the 1800s between the United States and the Indigenous nations of what is now Wisconsin have had profound influence on the region's cultural and political landscape. Yet few people realize that in the early part of that century, the Menominee and Ho-Chunk Nations signed land treaties with several Indigenous nations from New York State. At the onset of the removal era, these eastern nations, including the Oneida Nation and the Six Nations Confederacy, were under constant pressure from the federal government and land speculators to move to lands around Green Bay and Lake Winnebago. In this groundbreaking book, Carol A. Cornelius has compiled a careful account of these nation-to-nation treaties, in large part in the words of those Indigenous leaders who served as the voices and representatives of their nations. Drawing on a rich collection of primary sources, Cornelius walks readers through how, why, and for whom these treaties were made and how the federal government's failure and unwillingness to acknowledge their legitimacy led to the further loss of Indigenous lands. The living documents transcribed here testify to the complexity and sovereignty of Indigenous governance then and now, making this volume a vital resource for historians and an accessible introduction to Indigenous treatymaking.
The Honour and Dishonour of the Crown by Jamie D. Dickson
Call Number: KF 8205 D53 2015

ISBN: 9781895830835

Publication Date: 2015

In Canada, the fundamentals of law relating to Aboriginal peoples are unclear and Indigenous communities lack appropriate guidance in terms of efficiently accessing the legal system to address breaches of their rights. This is yet another injustice endured by Aboriginal peoples in Canada. However, the Supreme Court of Canada has begun to place greater emphasis on the honour-of-the-Crown principle and less on the paternalistic, complex notion that governments owe a fiduciary duty to Aboriginal peoples. Dickson explores both theoretical and practical implications of this fundamental shift and possible future outcomes.
The Inconvenient Indian by Thomas King
Call Number: KF 8205 K55 2012 / eBook

ISBN: 1517904463

Publication Date: 2018

In The Inconvenient Indian, Thomas King offers a deeply knowing, darkly funny, unabashedly opinionated, and utterly unconventional account of Indian-White relations in North America since initial contact. Ranging freely across the centuries and the Canada-U.S. border, King debunks fabricated stories of Indian savagery and White heroism, takes an oblique look at Indians (and cowboys) in film and popular culture, wrestles with the history of Native American resistance and his own experiences as a Native rights activist, and articulates a profound, revolutionary understanding of the cumulative effects of ever-shifting laws and treaties on Native peoples and lands. Suffused with wit, anger, perception, and wisdom, The Inconvenient Indian is at once an engaging chronicle and a devastating subversion of history, insightfully distilling what it means to be "Indian" in North America. It is a critical and personal meditation that sees Native American history not as a straight line but rather as a circle in which the same absurd, tragic dynamics are played out over and over again. At the heart of the dysfunctional relationship between Indians and Whites, King writes, is land: "The issue has always been land." With that insight, the history inflicted on the indigenous peoples of North America--broken treaties, forced removals, genocidal violence, and racist stereotypes--sharpens into focus. Both timeless and timely, The Inconvenient Indian ultimately rejects the pessimism and cynicism with which Natives and Whites regard one another to chart a new and just way forward for Indians and non-Indians alike.
Indigenous Legal Issues: Cases, Materials & Commentary by John J. Borrows, Leonard I. Rotman
Call Number: KF 8205 B67 2023 (Reserve Collection)

ISBN: 9780433525424

Publication Date: 2023

For over 20 years, this national casebook has included comprehensive coverage of foundational legal issues and jurisprudence affecting Indigenous peoples in Canada, contextualising them within their larger cultural, political and sociological framework. The 6th edition of Indigenous Legal Issues: Cases, Materials & Commentary follows in the tradition of its predecessors and has been updated with a new name and the most current Supreme Court of Canada jurisprudence at the time of publication.As with previous editions, the 6th edition includes chapters containing case law and original commentary on a wide variety of issues of importance to both Indigenous and non-Indigenous peoples in Canada. The book is adaptable for use in introductory, advanced, or specialized courses and provides useful analysis and insight from the authors, both of whom have had their publications cited in multiple judgments by the Supreme Court of Canada. This book also contains insights into questions courts have left unanswered, providing readers with ideas about how the law will develop in the future.
Indigenous Nationals, Canadian Citizens by Thomas J. Courchene
Call Number: KF 8205 C68 2018 / eBook

ISBN: 9781553394525

Publication Date: 2018

Indigenous Nationals/Canadian Citizens begins with a detailed policy history from first contact to the Sesquicentennial with major emphasis on the evolution of Canadian policy initiatives relating to Indigenous peoples. This is followed by a focus on the
The Laws and the Land by Daniel Rück
Call Number: KF 8210 P76 R83 2021 / eBook

ISBN: 0774867434

Publication Date: 2022

As the settler state of Canada expanded into Indigenous lands, settlers dispossessed Indigenous people and undermined their sovereignty as nations. One site of invasion was Kahnawà:ke, a Kanien'kehá:ka community and part of the Rotinonhsiónni confederacy. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; the establishment of modern Kahnawà:ke in the context of French imperial claims; intensifying colonial invasions under British rule; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. What Daniel Rück describes is an invasion spearheaded by bureaucrats, Indian agents, politicians, surveyors, and entrepreneurs. This original, meticulously researched book is deeply connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.
Modern First Nations Legislation Annotated by Andrew Beynon
Call Number: KE7704 B49

ISBN: 9780433529866

Publication Date: 2023

If you want to give solid legal advice to First Nations or make effective leadership decisions, you need the most up-to-date information on First Nations law in Canada. Modern First Nations Legislation Annotated, is a detailed collection of most of the key recent federal legislation affecting First Nations, their lands, and their institutions.
Petitioning for Land by Karen O'Brien
Call Number: KF 8210 G6 O27 2019

ISBN: 9781350010680

Publication Date: 2018

Petitioning for Land is the first book to examine the extent of First Peoples political participation through the use of petitions. Interpreting petitions as a continuous form of political articulation, Karen O'Brien considers petitioning for recognition of prior land ownership as a means by which to locate First Peoples petitioning for change within the broader narrative of historical and contemporary notions of justice. The book follows the story of First Peoples' activism and shows how they actively reform discourse to disseminate a self-determined reality through the act of petitioning. It discloses how, through the petition, First Peoples reject colonialism, even whilst working within its confines. In a reconfiguration of discourse, they actively convey a political or moral meaning to re-emerge in a self-determined world. Taking a socio-legal and historical approach to petitioning, the book questions the state domination of First Peoples, and charts their political action against such control in the quest for self-determination. By uniquely focusing on the act of petitioning, which places First Peoples aspirants centre-stage, O'Brien presents fresh and innovative perspectives concerning their political enterprise. From early modern colonial occupation to contemporary society, the hundreds of petitions that called for change are uncovered in Petitioning for Land, shedding new light on the social and political dynamics that drove the petitions.
Prairie Rising by Jaskiran K. Dhillon
Call Number: KF 8210 G6 D55 2017 / eBook

ISBN: 9781442614710

Publication Date: 2017

In 2016, Canada's newly elected federal government publically committed to reconciling the social and material deprivation of Indigenous communities across the country. Does this outward shift in the Canadian state's approach to longstanding injustices facing Indigenous peoples reflect a "transformation with teeth," or is it merely a reconstructed attempt at colonial Indigenous-settler relations? Prairie Rising provides a series of critical reflections about the changing face of settler colonialism in Canada through an ethnographic investigation of Indigenous-state relations in the city of Saskatoon Jaskiran Dhillon uncovers how various groups including state agents, youth workers, and community organizations utilize participatory politics in order to intervene in the lives of Indigenous youth living under conditions of colonial occupation and marginality. In doing so, this accessibly written book sheds light on the changing forms of settler governance and the interlocking systems of education, child welfare, and criminal justice that sustain it. Dhillon's nuanced and fine-grained analysis exposes how the push for inclusionary governance ultimately reinstates colonial settler authority and raises startling questions about the federal government's commitment to justice and political empowerment for Indigenous Nations, particularly within the context of the everyday realities facing Indigenous youth.
The Reconciliation Manifesto by Grand Chief Ronald Derrickson; Naomi Klein (Preface by); Arthur Manuel
Call Number: KF 8210 G6 M36 2017

ISBN: 9781459409613

Publication Date: 2017

In this book, leading Indigenous rights activist Arthur Manuel offers a radical challenge to Canada and Canadians. He questions virtually everything non-Indigenous Canadians believe about their relationship with Indigenous peoples. The Reconciliation Manifesto documents how governments are attempting to reconcile with Indigenous peoples without touching the basic colonial structures that dominate and distort the relationship. Manuel reviews the current state of land claims, tackles the persistence of racism among non-Indigenous people and institutions, decries the role of government-funded organizations like the Assembly of First Nations, and highlights the federal government's disregard for the substance of the United Nations Declaration on the Rights of Indigenous Peoples while claiming to implement it. Together, these circumstances amount to a false reconciliation between Indigenous people and Canada. Manuel sets out the steps that are needed to place this relationship on a healthy and honourable setting. As he explains, recovering the land and rebuilding the economy are key. Completed just months before Manuel's death in January 2017, this book offers an illuminating vision of what is needed for true reconciliation. Expressed with quiet but firm resolve, humour, and piercing intellect, The Reconciliation Manifesto is for both Indigenous and non-Indigenous people who are willing to look at the real problems and find real solutions.
Renewing Relationships: Indigenous Peoples and Canada by Karen Drake & Brenda L. Gunn (Eds.)
Call Number: KF 8205 R456 2019

ISBN: 9780888806253

Publication Date: 2019

This edited collection features essays by Indigenous legal academics from across Canada about renewing relationships between Indigenous peoples and Canada. Some Indigenous nations might embrace principles of reconciliation as reflecting a renewed relationship, while others reject the concept of reconciliation and instead advocate for resistance or decolonization. This collection includes chapters that critically engage with these theoretical debates, as well as chapters that analyze how these concepts can be instantiated in tangible and specific ways. It builds on existing literature on Indigenous-Crown relationships that addresses issues such as the inclusion of Indigenous laws, self-determination, and the role of the constitution. The chapters explore questions such as: What does a renewed relationship look like in modern Canadian society? What is the role of Indigenous law in renewing the relationship between Indigenous peoples and Canada? What does the United Nations Declaration on the Rights of Indigenous Peoples contribute to an understanding of a renewed relationship? How do treaties define Indigenous-Crown relationships? What shifts must occur within Canadian institutions to move away from the current colonial relationship?
The Right Relationship by John Borrows (Editor); Michael Coyle (Editor)
Call Number: KF 8210 G6 R54 2017 / eBook

ISBN: 9781442630215

Publication Date: 2017

The relationship between Canada's Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations. In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. The diverse perspectives offered in this volume examine how Indigenous people's own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.
The Spaces in Between by Tim Schouls
Call Number: eBook

ISBN: 9781487587406

Publication Date: 2024

The Spaces In Between examines prospects for the enhanced practice of Indigenous political sovereignty within the Canadian state. As Indigenous rights include the right to self-determination, the book contends that restored practices of Indigenous sovereignty constitute important steps forward in securing better relationships between Indigenous peoples and the Canadian state. While the Canadian state maintains its position of dominance with respect to the exercise of state sovereignty, Tim Schouls reveals how Indigenous nations are nevertheless carving out and reclaiming areas of significant political power as their own. By means of strategically acquired legal concessions, through hard-fought political negotiations, and sometimes through simple declarations of intent, Indigenous nations have repeatedly compelled the Canadian state to roll back its jurisdiction over them. In doing so, they have enhanced their prospects for political sovereignty within Canada. As such, they now increasingly occupy what Schouls refers to metaphorically as "the spaces in between." The book asserts that occupation of these jurisdictional "spaces in between" not only goes some distance in meeting the requirements of Indigenous rights but also contributes to Indigenous community autonomy and well-being, enhancing prospects for reconciliation between Indigenous peoples and the Canadian state.
Standoff by Bruce McIvor
Call Number: KF 8210 G6 M35 2021 (Reserve Collection)

ISBN: 9780889714205

Publication Date: 2021

Faced with a constant stream of news reports of standoffs and confrontations, Canada's "reconciliation project" has obviously gone off the rails. In this series of concise and thoughtful essays, lawyer and historian Bruce McIvor explains why reconciliation with Indigenous peoples is failing and what needs to be done to fix it. Widely known as a passionate advocate for Indigenous rights, McIvor reports from the front lines of legal and political disputes that have gripped the nation. From Wet'suwet'en opposition to a pipeline in northern British Columbia, to Mi'kmaw exercising their fishing rights in Nova Scotia, McIvor has been actively involved in advising First Nation clients, fielding industry and non-Indigenous opposition to true reconciliation, and explaining to government officials why their policies are failing. McIvor's essays are honest and heartfelt. In clear, plain language he explains the historical and social forces that underpin the development of Indigenous law, criticizes the current legal shortcomings and charts a practical, principled way forward. By weaving in personal stories of growing up Métis on the fringes of the Peguis First Nation in Manitoba and representing First Nations in court and negotiations, McIvor brings to life the human side of the law and politics surrounding Indigenous peoples' ongoing struggle for fairness and justice. His writing covers many of the most important issues that have become part of a national dialogue, including systemic racism, treaty rights, violence against Indigenous people, Métis identity, the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and the duty to consult. McIvor's message is consistent and powerful: if Canadians are brave enough to confront the reality of the country's colonialist past and present and insist that politicians replace empty promises with concrete, meaningful change, there is a realistic path forward based on respect, recognition and the implementation of Indigenous rights.
Talking Back to the Indian Act by Mary-Ellen Kelm, Keith Smith (Eds.)
Call Number: KF 8205 K46 2018 / eBook

ISBN: 9781487587352

Publication Date: 2018

Talking Back to the Indian Actis a comprehensive "how-to" guide for engaging with primary source documents. The intent of the book is to encourage readers to develop the skills necessary to converse with primary sources in more refined and profound ways. As a piece of legislation that is central to Canada's relationship with Indigenous peoples and communities, and one that has undergone many amendments, the Indian Act is uniquely positioned to act as a vehicle for this kind of focused reading. Through an analysis of thirty-five sources pertaining to the Indian Act--addressing governance, gender, enfranchisement, and land--the authors provide readers with a much better understanding of this pivotal piece of legislation, as well as insight into the dynamics involved in its creation and maintenance.
Time Bomb by Douglas L. Bland; Bonnie Butlin (Foreword by)
Call Number: KF 8210 G6 B36 2014

ISBN: 9781459727878

Publication Date: 2014

A look at how a major confrontation between Canada and the First Nations could erupt, and how it might be prevented. There are few greater tragedies than a war waged by a society against itself. As Time Bomb shows, a catastrophic confrontation between Canada's so-called "settler" and First Nations communities is not only feasible, it is, in theory, inevitable. Grievances, prejudice, and other factors all combine to make the likelihood of a First Nations uprising very real. Time Bomb describes how a nationwide insurgency could unfold, how the "usual" police and military reactions to First Nations protests would only worsen such a situation, and how, on the other hand, innovative policies might defuse the smouldering time bomb in our midst. The question all Canadians and First Nations must answer is this: Must we all suffer the disaster of a great national insurgency or will we act together to extinguish the growing danger in our midst?
To Share, Not Surrender by Peter Cook, Neil Vallance, John Lutz, Graham Brazier, Hamar Foster (Eds.)
Call Number: KF 8210 T76 T6 2021 / eBook

ISBN: 9780774863827

Publication Date: 2021

Too often, history and knowledge of Indigenous-settler conflict over land take the form of confidential reports prepared for court challenges. To Share, Not Surrender offers an entirely new approach, opening scholarship to the public and augmenting it with First Nations community expertise. The authors take us back to when James Douglas and his family relocated to Fort Victoria on Vancouver Island in 1849, critically tracing the transition from treaty-making in the colony of Vancouver Island to reserve formation in the colony of British Columbia. Informed by the spirit of cel'aṉ'en - "our culture, the way of our people" - this multivocal work includes essays, translations/interpretations of the treaties into the SENĆOŦEN and Lekwungen languages, and contributions by participants of the Songhees, Huu-ay-aht, and WSANEC peoples. As an all-embracing exploration of the struggle over land, To Share, Not Surrender advances the urgent task of reconciliation in Canada.
Treaty Justice by Charles Wilkinson
Call Number: KF 8210 H85 W55 2024 / eBook

ISBN: 0295752726

Publication Date: 2024

In 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. Like Brown v. Board of Education, the case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice. Eminent legal historian and tribal advocate Charles Wilkinson tells the dramatic story of the Boldt Decision against the backdrop of salmon's central place in the cultures and economies of the Pacific Northwest. In the 1960s, Native people reasserted their fishing rights as delineated in nineteenth-century treaties. In response, state officials worked with non-Indian commercial and sport fishing interests to forcefully--and often violently--oppose Native actions. These "fish wars" spurred twenty tribes and the US government to file suit in federal court. Moved by the testimony of tribal leaders and other experts, Boldt pointedly waited until Lincoln's birthday to hand down a decision recognizing the tribes' right to half of the state's fish. The case's long aftermath led from the Supreme Court's affirmation of Boldt's opinion to collaborative management of the harvest of salmon and other marine resources. Expert and compelling, Treaty Justice weaves personalities and local detail into the definitive account of one of the twentieth century's most important civil rights cases.
Treaty Talks in British Columbia, Third Edition by Christopher McKee (Editor)
Call Number: KF 8208 M325 2009 / eBook

ISBN: 9780774815154

Publication Date: 2009

Treaty Talks in British Columbia traces the origins and development of treaty negotiations in the province. Since the second edition of this book was published in 2000, a number of significant developments have occurred: a controversial referendum on treaty mandates was held; the historic Tsawwassen treaty, the first to be signed in the BC treaty process, finally came into effect; and a second treaty was signed with the five Maa-nulth First Nations on the west coast of Vancouver Island. A striking theme running through the narrative is the way in which the provincial government changed the way it approached the negotiations and its relations with First Nations. This updated edition includes a postscript, co-authored with Peter Colenbrander, which provides an extensive overview of the treaty process from 2001 to 2009. The authors outline the achievements of and challenges for the treaty process and review some of the most recent jurisprudence affecting Native and non-Native rights. They also reflect on the growing number of initiatives outside the treaty process to achieve reconciliation between First Nations and the Crown and raise questions about the future relationship between these initiatives and treaty negotiations. Treaty Talks in British Columbia is a valuable resource for those interested in Aboriginal issues and the treaty process both in BC and throughout Canada. Succinct, informative, and easy to read, this book brings clarity to a complex and often contentious issue.
Upholding Sacred Obligations: Reparations for Missing and Disappeared Indigenous Children and Unmarked Burials in Canada by Office of the Independent Special Interlocutor for Missing Children and Unmarked and Burial Sites
Call Number: KF 8210 E3 O348 2024 / eBook

ISBN: 9780772711434

Publication Date: 2024

This report results from two years of intensive engagement with Survivors and Indigenous communities across the country. It marks a crucial step in pursuing justice for the affected families. The official document identifies the legal, moral, and ethical obligations that Canada must fulfill to address the legislative and structural gaps that exist in identifying, protecting, and commemorating missing and disappeared children and their burials.
Valley of the Birdtail by Andrew Stobo Sniderman; Douglas Sanderson
Call Number: KF 8210 S56 S65 2022

ISBN: 1443466301

Publication Date: 2022

THE NATIONAL BESTSELLER Winner - 2023 Stubbendieck Great Plains Distinguished Book Prize Winner - 2023 John W. Dafoe Book Prize Winner - 2023 High Plains Book Award for Indigenous Writer Winner - 2022 Manitoba Historical Society Margaret McWilliams Book Award for Local History Winner - 2023 Quebec Writers' Federation Mavis Gallant Prize for Non-Fiction and Concordia University First Book Prize Finalist - 2023 Rakuten Kobo Emerging Writer Prize Finalist - Writers' Trust Shaughnessy Cohen Prize for Political Writing Finalist - 2023 Ontario Library Association Forest of Reading Evergreen Award Finalist and Honourable Mention - Canadian Law and Society Association Book Prize Finalist - Ukrainian Canadian Foundation Kobzar Book Award Longlisted - 2023-2024 First Nations Communities Read A heart-rending true story about racism and reconciliation Divided by a beautiful valley and 150 years of racism, the town of Rossburn and the Waywayseecappo Indian reserve have been neighbours nearly as long as Canada has been a country. Their story reflects much of what has gone wrong in relations between Indigenous Peoples and non-Indigenous Canadians. It also offers, in the end, an uncommon measure of hope. Valley of the Birdtail is about how two communities became separate and unequal--and what it means for the rest of us. In Rossburn, once settled by Ukrainian immigrants who fled poverty and persecution, family income is near the national average and more than a third of adults have graduated from university. In Waywayseecappo, the average family lives below the national poverty line and less than a third of adults have graduated from high school, with many haunted by their time in residential schools. This book follows multiple generations of two families, one white and one Indigenous, and weaves their lives into the larger story of Canada. It is a story of villains and heroes, irony and idealism, racism and reconciliation. Valley of the Birdtail has the ambition to change the way we think about our past and show a path to a better future.
Voicing Identity by John Borrows, Kent McNeil (Eds.)
Call Number: KF 8210 I57 V65 2022 / eBook

ISBN: 9781487544690

Publication Date: 2022

Written by leading Indigenous and non-Indigenous scholars, Voicing Identity examines the issue of cultural appropriation in the contexts of researching, writing, and teaching about Indigenous peoples. This book grapples with the questions of who is qualified to engage in these activities and how this can be done appropriately and respectfully. The authors address these questions from their individual perspectives and experiences, often revealing their personal struggles and their ongoing attempts to resolve them. There is diversity in perspectives and approaches, but also a common goal: to conduct research and teach in respectful ways that enhance understanding of Indigenous histories, cultures, and rights, and promote reconciliation between Indigenous and non-Indigenous peoples. Bringing together contributors with diverse backgrounds and unique experiences, Voicing Identity will be of interest to students and scholars studying Indigenous issues as well as anyone seeking to engage in the work of making Canada a model for just relations between the original peoples and newcomers.
Who Controls the Hunt? by David Calverley
Call Number: KF 8210 H85 C22 2018

ISBN: 0774831340

Publication Date: 2018

As the nineteenth century ended, Ontario wildlife became increasingly valuable. Tourists and sport hunters spent growing amounts of money in search of game, and the government began to extend its regulatory powers in this arena. Restrictions were imposed on hunting and trapping, completely ignoring Anishinaabeg hunting rights set out in the Robinson Treaties of 1850. Who Controls the Hunt? examines how Ontario's emerging wildlife conservation laws failed to reconcile First Nations treaty rights and the power of the state. David Calverley traces the political and legal arguments prompted by the interplay of treaty rights, provincial and dominion government interests, and the corporate concerns of the Hudson's Bay Company. A nuanced examination of Indigenous resource issues, the themes of this book remain germane to questions about who controls the hunt in Canada today.
Wise Practices by Robert Hamilton, John Borrows, Brent Mainprize, Ryan Beaton, Joshua Ben David Nichols (Eds.)
Call Number: KF 8210 S4 W57 2021

ISBN: 1487525656

Publication Date: 2021-09-23

Indigenous peoples in Canada are striving for greater economic prosperity and political self-determination. Investigating specific legal, economic, and political practices, and including research from interviews with Indigenous political and business leaders, this collection seeks to provide insights grounded in lived experience. Covering such critical topics as economic justice and self-determination, and the barriers faced in pursuing each, Wise Practicessets out to understand the issues not in terms of sweeping empirical findings but through particular experiences of individuals and communities. The choice to focus on specific practices of law and governance is a conscious rejection of idealized theorizing about law and governance and represents an important step beyond the existing scholarship. This volume offers readers a broad scope of perspectives, incorporating contemporary thought on Indigenous law and legal orders, the impact of state law on Indigenous peoples, theories and practices of economic development, and grounded practices of governances. While the authors address a range of topics, each does so in a way that sheds light on how Indigenous practices of law and governance support the social and economic development of Indigenous peoples.

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