Resource Law

Constitutional framework for the development and regulation of energy projects on Indian and Métis lands in Alberta

Constitutional framework for the development and regulation of energy projects on Indian and Métis lands in Alberta

2653859 N.D. Bankes.
Nigel Bankes is a Professor of Law at the University of Calgary. Nigel's research work covers a number of areas including carbon capture and storage, indigenous property rights in settler states, unitization and joint development agreements in marine areas, electricity regulation, and dispute settlement under the Law of the Sea Convention and the Columbia River Treaty. He was the editor of the Journal of Energy and Natural Resources Law between 2008 and 2011.
[Edmonton] : Environmental Law Centre, 1986 Multiple Nations in Alberta; Métis in Alberta Indians of North America Energy development Land tenure Law and legislation Legal status, laws, etc Alberta KF5660 .B36 Research Constitutional Law Resource Law constitutional-framework-development-banks-1986.pdf (90.46 KB)
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Constitutional framework for the development and regulation of energy projects on Indian and Métis lands in Alberta

As long as the rivers run

As long as the rivers run

"In past treaties, the Aboriginal people of Canada surrendered title to their lands in return for guarantees that their traditional ways of life would be protected. Since the 1950s, governments have reneged on these commitments in order to acquire more land and water for hydroelectric development.

James B. Waldram examines this controversial topic through an analysis of the politics of hydroelectric dam construction in the Canadian Northwest, focusing on three Aboriginal communities in Manitoba and Saskatchewan. He argues that little has changed in our treatment of Aboriginal people in the past hundred years, when their resources are still appropriated by the government “for the common good.”

Using archival materials, personal interviews and largely inaccessible documents and letters, Waldram highlights the clear parallel between the treatment of Aboriginal people in the negotiations and agreements that accompany hydro development with the treaty and scrip processes of the past century." - Provided by Publisher

3583140 hydroelectric development and native communities in western Canada / James B. Waldram.
James Waldram is a professor of anthropology at the University of Saskatchewan. He has authored 14 books and 19 book chapters on Indigenous health and healing, and more than 40 journal articles. He was elected as a fellow at the Royal Society of Canada in 2014. He is one of five recipients of the 2016 Insight Award from the Social Sciences and Humanities Research Council of Canada (SSHRC) for his outstanding scholarly research and knowledge on Indigenous health and healing.
Winnipeg : University of Manitoba Press, c1988. Cumberland House, Saskatchewan; Easterville (formerly Chmewawin), Manitoba; South Indian Lake, Manitoba; Swampy Cree; Métis

Trosper, Ronald L. "As Long as the Rivers Run: Hydroelectric Development and Native Communities in Western Canada." The American Indian Quarterly, vol. 16, no. 2, 1992, p. 307. http://link.galegroup.com/apps/doc/A12387436/BRIP?u=utoronto_main&sid=B….

Tanner, Adrian. "As Long as the Rivers Run: Hydroelectric Development and Native Communities in Western Canada." American Ethnologist, vol. 17, no. 2, 1990, p. 393+. http://link.galegroup.com/apps/doc/A9669983/BRIP?u=utoronto_main&sid=BR….

"As long as the rivers run: hydroelectric development and Native communities in Western Canada." Queen's Quarterly, vol. 97, no. 1, 1990, pp. 191-2. http://link.galegroup.com/apps/doc/A30102008/BRIP?u=utoronto_main&sid=B…

Winner of the 1989 Manitoba Historical Society Certificate of Merit, Margaret McWilliams Medal Competition
Hydroelectric power plants Indians of North America Métis Environmental aspects Political aspects Social aspects Social conditions Prairie Provinces E78 .P7 W35 1988 Research Law & History Resource Law Treaty Law long-rivers-run-waldram-1988.pdf (115.62 KB)
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As long as the rivers run

Aboriginal resource use in Canada

Aboriginal resource use in Canada

"This volume addresses a wide range of topics related to Aboriginal resource use, ranging from the pre-contact period to the present. The papers were originally presented at a conference held in 1988 at the University of Winnipeg. Co-editor Kerry Abel has written an introduction that outlines the main themes of the book. She points out that it is difficult to know what the enshrinement of Aboriginal rights in the Canadian Constitution means without knowing exactly what constituted the Aboriginal interest in the land past and present. She also summarizes some of the developments in the rapidly evolving concept of Aboriginal rights." - Provided by the publisher

2301264 historical and legal aspects / edited by Kerry Abel and Jean Friesen.
“Abel has taught history for many years at Carleton (and formerly at the University of Manitoba and Queen’s) with an emphasis on the history of northern Canada and its Indigenous peoples. Prior to her university career, she worked as a public historian for the government of Manitoba. Jean Friesen is a history professor at the university of Manitoba
Winnipeg : University of Manitoba Press, c1991. Canada

Savishinsky, J. (1993). American Indian Quarterly, 17(3), 425-426. doi:10.2307/1184913 http://www.jstor.org.myaccess.library.utoronto.ca/stable/1184913?pq-ori…

McNeil, R. (1992). The Western Historical Quarterly, 23(4), 517-518. doi:10.2307/970323 http://www.jstor.org.myaccess.library.utoronto.ca/stable/970323?pq-orig…

Carter, Sarah . The Canadian Historical Review , 1993 , Volume 74 , Issue 1 , pp. 115 - 117 https://muse-jhu-edu.myaccess.library.utoronto.ca/article/574396/pdf

Conservation of natural resources Indians of North America Natural resources History Economic conditions Legal status, laws, etc Social life and customs Government policy Government relations Canada KF8205 .A2 A38 1991 Research Resource Law Treaty Law aboriginal-resource-use-canada-abel-1991.pdf (107.65 KB)
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Aboriginal resource use in Canada

A history of the original peoples of northern Canada

A history of the original peoples of northern Canada

"For more than fifteen years, Keith Crowe's A History of the Original Peoples of Northern Canada has informed a multitude of residents in and visitors to the Canadian North and has served as a standard text. Now, in a new epilogue, Crowe describes and analyses the changes in the North which have come about since the book's first publication.

Crowe begins with the emergence, in prehistoric times, of the three great groups of hunting people -- the Algonkian, Athapaskan, and Inuit -- describing their contribution to the cultural heritage of native peoples today. He devotes particular attention to the various native tribes and some of their outstanding leaders; to the fur trade, its effects, and the emergence of the Métis people; to the devastating consequences of trading and whaling for the Arctic and the Inuit who lived there; to the Yukon Indians and the Gold Rush; to the coming of Christianity; and to the impact of governmental and economic encroachment on the North and the native peoples' response to this -- moving into the boardroom and elected office.

In his new epilogue, Crowe surveys the major land claims since 1974 -- some settled, most still under negotiation, and some, like the James Bay hydro-electric project, being challenged. Crowe also explains the complexities of the land-claims process and points out the irony inherent in native peoples having to help create numerous "foreign" laws and institutions in order to protect an essentially simple way of life. He describes the native peoples' movement into and up the ranks of government at all levels and emphasizes the important role played by regional and national native associations, such as the Assembly of First Nations. He outlines the changes and developments in education in the North and provides a detailed assessment of the still very difficult economic situation, stressing the native peoples' concern that economic development in the North not be divorced from environmental considerations." -- Provided by Publisher

2389051 Keith J. Crowe.

Keith J. Crowe served for many years in the Department of Indian and Northern Affairs.

Montreal : McGill-Queen's University Press, 1991 Algonkian; Athapaskan; Inuit; Métis; Yukon

"A History of the Original Peoples of Northern Canada, Rev. ed." CM: A Reviewing Journal of Canadian Materials for Young People, May 1992, p. 174. Book Review Index Plus, http://link.galegroup.com/apps/doc/A33867668/BRIP?u=utoronto_main&sid=B….

"A History of the Original Peoples of Northern Canada, Rev. ed." University Press Book News, vol. 4, 1992, p. 10. Book Review Index Plus, http://link.galegroup.com/apps/doc/A33863819/BRIP?u=utoronto_main&sid=B….

Morantz, Toby. "A History of the Original Peoples of Northern Canada, rev. ed." Canadian Historical Review, vol. 75, no. 1, 1994, p. 94+. Book Review Index Plus, http://link.galegroup.com/apps/doc/A15115745/BRIP?u=utoronto_main&sid=B….

Indians of North America Inuit History Canada, Northern Canada Canada, Northern History. E78 .C2 C76 1991 Research Land Claims Law & History Resource Law history-original-peoples-northern-canada-crowe-1991.pdf (62.75 KB)
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A history of the original peoples of northern Canada

Resource development and aboriginal land rights

Resource development and aboriginal land rights

"In 1990, Richard Bartlett was appointed to the Chair of Natural Resources Law at The University of Calgary. While holding that position, he undertook a research project with respect to resource development and aboriginal land rights. As part of the project, Professor Bartlett conducted a seminar on that subject at the Faculty of Law, The University of Calgary, on 3 May 1990. The seminar was co-sponsored by the Faculty of Law and the Canadian Institute of Resources Law. The two papers that comprise this volume are the background research papers prepared for the purposes of the seminar.

The first paper is entitled "Resource Development and Aboriginal Title in Canada". It examines the relationship between aboriginal title and resource development. The paper suggests that the legal framework now in place requires agreement with the aboriginal people as to the terms under which resource development may take place, but also shows that the agreements reached to date have recognized and protected existing resource dispositions and make provision for future resource disposition.

The second paper is entitled "Resource Development and Treaty Land Entitlement in Western Canada". It examines the entitlement to lands and resources established by the treaties with the aboriginal peoples which provided for the settlement of aboriginal title in western Canada. The paper considers the relationship between resource development and the treaty entitlement. It suggests that the treaty entitlements and the treaties must be fulfilled, or else the courts may impose a freeze upon resource development.

The emphasis of the two papers is upon the need today to reach agreement with the aboriginal peoples upon the terms upon which resource development may proceed, and the need to fulfill the promises and entitlement declared in any such agreement." -- Provided by publisher

2838582 Richard H. Bartlett.
Richard Bartlett is a Professor of Law at the University of Western Australia, and Professor of Law at the University of Saskatchewan. In 1990, he was appointed to the Chair of Natural Resources Law at the University of Calgary.
Calgary : Canadian Institute of Resources Law, 1991 Multiple Nations

Bloemraad, Gerda R. "Resource Development and Aboriginal Land Rights." Saskatchewan Law Review, Summer 1992, pp. 454-455. Book Review Index Plus, http://link.galegroup.com/apps/doc/A13298563/BRIP?u=utoronto_main&sid=B….

Indians of North America Natural resources Claims Land tenure Land transfers Law and legislation Government policy Canada KF5660 .B39 1991 Research Resource Law Land Claims
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Resource development and aboriginal land rights

Resource development and aboriginal land rights in Australia

Resource development and aboriginal land rights in Australia

"Resource development and Aboriginal land rights are issues that have been prominent in law and policy in Australia for the last quarter century. The problem has been to achieve a resolution of the conflict that they have engendered. The dissatisfaction expressed by many groups does not suggest that such a resolution has yet emerged.

This is most apparent in the State from which came most of the essayists and presenters in this volume: Western Australia. Western Australia is the largest State by area in Australia. It is the producer of the greatest value of minerals. It is also one of the only two jurisdictions in Australia which has failed to effect any substantial Aboriginal land rights. Western Australia has a substantial population of Aboriginal people. They live in the town and cities, and in the country and desert areas. Many, if not all, profess a special spiritual relationship to the land.

On 3 June 1992 the High Court of Australia handed down its landmark decision on Mabo v State of Queensland. The decision judicially recognised native title at common law. It changed the legal context in which the issues of resource development and Aboriginal land rights had been addressed. At the same time the State of Western Australia was considering amendments to the legislation which protected Aboriginal sacred sites. It seemed an appropriate moment to arrange the preparation of a collection of essays which would address the issues of resource development and Aboriginal land rights in the new context.

The Centre for Commercial and Resources Law of The University of Western Australia and Murdoch University was able to assemble an extremely knowledgeable and experienced group to prepare the essays collected in this volume ... The essays, presentations and panel discussion all suggest the possibility of success if a process were to be established whereby Aboriginal people, government and the resource industry could meet to resolve the issue of Aboriginal land rights and resource development. It is clear that the decision in Mabo has made the establishment of such a process a priority." -- Provided by publisher

3296805 edited by Richard H. Bartlett.
Richard Bartlett is a Professor of Law at the University of Western Australia, and Professor of Law at the University of Saskatchewan. In 1990, he was appointed to the Chair of Natural Resources Law at the University of Calgary.
Nedlands, Perth, WA : The Centre for Commercial and Resources Law, 1993 Multiple Nations Aboriginal Australians Natural resources Land tenure Government policy Government relations Law and legislation Claims Land tenure Australia, Western Australia KF5660 .A75 R47 1993 Research Resource Law Land Claims resource-development-and-aboriginal-land-rights-bartlett-1991.pdf (77.87 KB)
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Alberta's Métis settlements legislation

Alberta's Métis settlements legislation

"On 1 November 1990, the government of Alberta enacted legislation to enable Métis ownership and government of Alberta's Métis settlement lands. This book explores the legislative history of the Métis settlements and constitutional issues arising from Alberta's initiative. The main body of the work provides an overview of the 1990 legislation with particular emphasis on land ownership and management. The integration of provincial jurisdiction to enact Métis legislation and constitutional protection of the Métis settlements legislation. The scope of the Métis settlements legislation is enormous and ground-breaking. It is the first provincial legislative scheme to enact a comprehensive rights regime for an aboriginal people. The main contribution of this book is its synthesis of essential components of the legislation and regulations, making the law in this area accessible. The book also links basic concepts of Anglo-Canadian land law to unique proprietary interests created to further the autonomy of Alberta's Métis peoples. The work will be of particular interest to lawyers and others dealing with the settlements on land-related matters and persons studying or developing models for aboriginal self-governments." - Provided by Publisher

640422 an overview of ownership and management of settlements lands / Catherine E. Bell.
Catherine Bell is a Professor of Law at the University of Alberta specialising in Canadian Aboriginal rights law, cultural heritage law and interdisciplinary community based legal research.
Regina : Canadian Plains Research Center, University of Regina, 1994 Métis, Alberta

N/A

Indians of North America Métis Indian land transfers Government relations Legal status, laws, etc Land tenure Canada Alberta E99 .M693 B45 1994 Research Self-governance Property Law Resource Law Constitutional Law albertas-metis-settlements-legislation-bell-1994.pdf (263.33 KB)
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On the land

On the land

"On the Land: Confronting the Challenges to Aboriginal Self-Determination in Northern Quebec and Labrador is a collection of seven essays about the various ways First Nations and Inuit in Quebec and Labrador are asserting their rights to the land and challenging the right of Quebec to sovereignty. Aboriginal voices include Matthew Coon Come, Zebedee Nungak, Daniel Ashini, and Mary Ellen Turpel. Views from the outside include Harvey Feit, Alan Penn, and Boyce Richardson. The book covers the Inuit of Quebec, the Innu of Labrador, and the James Bay Cree. Nungak's essay discusses identity asking if he is a Quebecer, a Canadian or an Inuk. Lawyer Mary Ellen Turpel discusses the conflicting visions of self-government in Quebec from the French and Aboriginal perspectives." -- Provided by publisher

1466342 confronting the challenges to aboriginal self-determination in Northern Quebec & Labrador / Bruce W. Hodgins, Kerry A. Cannon, editors.
Bruce Hodgins is a Professor of History at Trent University. From 1986-1992 he was the Director of the Frost Centre for Canadian Heritage and Development Studies. He has written extensively on Aboriginal issues, Northern studies, and Canadian history. Kerry Cannon is the Managing Editor of the Journal of Canadian Studies. She holds a Master's degree from Trent University's Frost Centre for Canadian Heritage and Development Studies. She has written and co-authored several articles on Aboriginal issues and Canadian studies.
Toronto : Betelgeuse Books, c1995. James Bay Cree, Innu of Labrador, Inuit of Quebec, Subarctic Indians of North America Inuit Government relations Politics and government Legal status, laws, etc Canada Quebec, Northern Newfoundland Labrador E92 .O5 1995 Research Self-determination Self-governance Property Law Resource Law land-hodgins-1995.pdf (32.99 KB)
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On the land

As their natural resources fail

As their natural resources fail

"In conventional histories of the Canadian prairies, Native people disappear from view after the Riel Rebellions. In this groundbreaking study, Frank Tough examines the role of Native peoples, both Indian and Métis, in the economy of northern Manitoba from Treaty 1 to the Depression. He argues that they did not become economically obsolete but rather played an important role in the transitional era between the mercantile fur trade and the emerging industrial economy of the mid-twentieth century.

Tough reconstructs the traditional economy of the dynamic fur trade era and examines its evolution through reserve selection and settlement, scrip distribution and the participation of Natives in the new resource industries of commercial fishing, transportation, lumbering, and mining. His analysis clearly shows that Native people in northern Manitoba responded to the challenge of an expanding market economy in rational and enterprising ways, but that they were repeatedly obstructed by government policy.

Numerous interpretive maps, figures, and illustrations provide indispensable aids to Tough's argument. His book will be essential reading for anyone interested in the history of western Canada and the role of Native people in the post-fur trade era." - Provided by Publisher

514678 native peoples and the economic history of Northern Manitoba, 1870-1930 / Frank Tough.
Dr. Frank Tough, Professor of Native Studies at the University of Alberta and historical geographer, has held several adjuncting positions and is sojourning as honourary professor with the Department of Anthropology at the University of Aberdeen (Scotland). He is former head of the Native Studies Department at the University of Saskatchewan. He specializes in post-1870 historical geographies of Aboriginal peoples.
Vancouver : UBC Press, c1996. Northern Manitoba

Harris, Cole. "'As Their Natural Resources Fail': Native Peoples and the Economic History of Northern Manitoba, 1870-1930." The Canadian Geographer, vol. 42, no. 1, 1998, p. 106+. http://link.galegroup.com/apps/doc/A20810214/BRIP?u=utoronto_main&sid=B….

Tobias, J. L. (1997). ‘As Their Natural Resources Fail’: Native Peoples and the Economic History of Northern Manitoba, 1870–1930 by Frank Tough (review). The Canadian Historical Review 78(2), 339-341. https://muse-jhu-edu.myaccess.library.utoronto.ca/article/590169/pdf

Coutts, R. (1998). "As their natural resources fail": Native peoples and the economic history of northern manitoba, 1870-1930. Manitoba History, (35), 26-28. http://myaccess.library.utoronto.ca/login?url=https://search-proquest-c…

Muszynski, Alicja. Economic Geography, vol. 75, no. 1, 1999, pp. 96–98. JSTOR, www.jstor.org/stable/144466.

Winner of 1998 Clio Award (Prairie Region), Canadian Historical Association; Medal Winner of 1996 Margaret McWilliams Competition, Manitoba Historical Society
Native peoples Indians of North America Economic conditions History Manitoba Manitoba Economic conditions -1870 E78 .M25 T68 1996 Research Law & History Resource Law Treaty Law their-natural-resources-fail-tough-1996.pdf (92.07 KB)
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As their natural resources fail

A sea change in land rights law

A sea change in land rights law

"Discusses Indigenous associations with the sea, giving examples from Umpila, Meriam, Yolngu and Bardi peoples; relationship with commercial fishing industry; considers the legal question of whether the common law recognises marine interests in the same way it recognises native title interests, citing case law from Australia, New Zealand and Canada; briefly outlines constitutional history of acquisition of sovereignty of offshore areas; discusses proof of Indigenous sea rights and examines characterisation, scope, extinguishment and regulation of Indigenous sea rights; discusses whether a fiduciary relationship exists in the context of sea rights and the responsibilities and rights surrounding this." -- Provided by publisher

8893456 the extension of native title to Australia's offshore areas / Gary D. Meyers ... [et al.].
Gary Meyers is a Professor Emeritus at the Murdoch University School of Law.
Canberra, ACT : Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, 1996 Umpila, Meriam, Yolngu, and Bardi peoples of Australia; New Zealand; Canada Aboriginal Australians Native title (Australia) Territorial waters Water rights Fishing Australia KU2527 .S43 1996 Research Maritime Law Resource Law sea-change-land-rights-law-meyers-1996.pdf (127.24 KB)
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A sea change in land rights law
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