Aboriginal rights and constitutional development in the Northwest Territories

a sessional paper presented to the Second Session of the Ninth Legislative Assembly of the Northwest Territories by the Executive Committee of the Government of the Northwest Territories. by Northwest Territories. Legislative Assembly.

Publisher: The Dept.?] in [Yellowknife?

Written in English
Published: Downloads: 462
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Subjects:

  • Indians of North America -- Civil rights,
  • Minorities -- Law and legislation -- Northwest Territories.,
  • Northwest Territories -- Politics and government.

Edition Notes

Photocopy of typescript.

The Physical Object
Pagination5, 4 leaves ;
ID Numbers
Open LibraryOL14509733M

Primarily for courses examining development issues. This book traces and analyses the recent evolution in thinking about the development of aboriginal people's communities. Since , aboriginal people have set three goals for the future -- economic self-reliance, self-government, and cultural autonomy. Abstract. Indigenous societies around the world are stepping forward to assert their place as an equal partner in their nation’s future. In many cases, these efforts have been undertaken in response to the development and the publication of the Declaration of the Rights of Indigenous Peoples, as endorsed by the United Nations Working Group on Indigenous Populations. This has been described as a generative constitutional order, which “mandates the Crown to negotiate with Aboriginal peoples for the recognition of their rights in a contemporary form that balances their needs with the interests of the broader society” (Brian Slattery, “Aboriginal Rights and the Honour of the Crown” (), 29 S.C.L.R. Northwest Territories national assembly, circa This forbade the encroachment of white settlers on Indian lands; recognized the existence of aboriginal rights. National Archives of Canada, C and constitutional development.

Backgrounder Indigenous peoples’ collective rights to lands, territories and resources Indigenous peoples have deep spiritual, cultural, social and economic connections with their lands, territoriesFile Size: KB.   In honour of National Aboriginal Day, here’s a quick look at the Northwest Territories’ proposed innovative Wildlife Act, developed jointly with First Nations communities and governments.. Wildlife management in the North is inextricably tied to aboriginal rights and land claims, to the rapidly evolving relationships between First Nations and non-native communities and governments, and the. Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. Recommended Citation McNeil, Kent. "Aboriginal Rights in Canada: From Title to Land to Territorial Sovereignty."Tulsa Journal of Comparative and International Law (): He has taught Aboriginal, constitutional, and business law at a number of universities across Canada and is a member of the bars of Alberta, British Columbia, Northwest Territories, and Nunavut. Winifred Kamau holds a Ph.D. from Osgoode Hall Law School, York University, Toronto, as well as LL.B. and LL.M. degrees from the University of Nairobi.

II. CONSTITUTIONAL ABORIGINAL RIGHTS AS THE BASIS FOR TAXATION AND SELF-GOVERNMENT 1. Beyond Delgamuukw-An argument for invigorating “the work in progress” 11 In this section I will discuss the contemporary sources of Aboriginal rights in Canada and argue that the scope of constitutional Aboriginal rights.   Free Online Library: Issues of independence in Northern Aboriginal-state co-management boards.(Report) by "Canadian Public Administration"; Government Autonomy Social aspects Autonomy (Political science) Boards of directors Laws, regulations and rules Indigenous people's land claims Indigenous peoples-government relations Native people's land claims. Speaker, the Northwest Territories has had a grave history in regard to how aboriginal people have moved forward and trying to find ways of getting entrenched into the democratic system of the Northwest Territories regardless if it’s by way of ensuring that we were involved in the decision-making process, regardless if it’s regulatory.   While covering important issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles in dealing with Aboriginal peoples, the rights of the Metis, and the Indian Act, this book pays particular attention to the Crown's duty to consult.

Aboriginal rights and constitutional development in the Northwest Territories by Northwest Territories. Legislative Assembly. Download PDF EPUB FB2

Get this from a library. Constitutional development & the protection of aboriginal rights. [Michael Posluns; Joanne Hoople; Murray Angus; Western Constitutional Forum.; Northwest Territories.

Legislative Assembly. Special Committee on Constitutional Development.] -- Report examining various methods of protecting aboriginal rights during the establishment of a future territory/province in the.

Get this from a library. Creating a better tomorrow: aboriginal claims in the Northwest Territories. [Northwest Territories. Aboriginal Rights and Constitutional Development Secretariat.; Northwest Territories.

Department of Culture & Communications.;] -- Document tabled in NWT Legislature Oct. 21, Background information to give an understanding of what landclaims are all about, who is. The Northwest Territories (abbr. NT or NWT) is a federal territory of a land area of approximately 1, km 2 (, sq mi) and a census population of 41, it is the second-largest and the most populous of the three territories in Northern Canada.

Its estimated population as of is 44, Yellowknife became the territorial capital infollowing recommendations Capital: Yellowknife. Michael Posluns ( - Janu ) was a journalist and researcher in a student at Carleton University, Posluns got involved in social justice issues, later joining the Company of Young went to Akwesasne where he worked with Rarihokwats and Ernie Benedict, helping to publish Akewsasne Notes, a local newspaper that ran from Alma mater: York University.

Understanding Aboriginal and Treaty Rights in the Northwest Territories: Early Treaty-making in the NWT Most early treaties were simple land sales, but some cases also included hunting and fishing rights.

Annual treaty payments first appeared in a treaty in and after that became the norm. • Aboriginal peoples had an interest in certain land. Understanding Aboriginal and Treaty Rights in the Northwest Territories: An Introduction Treaty No.

8: The first of the northern treaties covered an area ofsquare miles and represents the most geographically extensive treaty activity undertaken. It comprises what is now the northern half of.

Government of the Northwest Territories response to the Report of the Task Force to review comprehensive claims policy "Living treaties: lasting agreements" / Author: Aboriginal Rights and Constitutional Development.

Publication info: [Yellowknife]: The Secretariat, Format: Book, Government Document. The negotiation of Aboriginal rights agreements is underway in all regions of our Territory as Aboriginal peoples seek to clarify their rights over land, resources and governance.

Completing these agreements will be the foundation for economic development and improved social conditions in the Aboriginal rights and constitutional development in the Northwest Territories book Territories. During the past decade, attention in the field of aboriginal affairs has been riveted upon issues of aboriginal rights and constitutional reform, and in particular on the subject of entrenching the right to aboriginal self-government in theConstitution Act, While the focus is understandable, given the importance of the exercise (both symbolic and real), nevertheless it has shifted the.

Commission should make in order to promote the constitutional development of the territory in a fashion that respects the rights of the First Nations and promotes cooperative and effective governance of the territory.

The relationship between the aboriginal peoples and the government of the Northwest Territories is unique among Canadian. THE CONSTITUTIONAL BASIS OF ABORIGINAL RIGHTS tation that provincial law could derogate from at least some kinds of aboriginal rights.

9 Aboriginal and treaty rights were certainly vulnerable to federal laws. The doctrine of parliamentary sovereignty, when applied to laws enacted under section 91(24), meant that aboriginal rightsFile Size: KB. Aboriginal rights have not been granted from external sources but are a result of Aboriginal peoples’ own occupation of their home territories as well as their ongoing social structures and political and legal systems.

As such, Aboriginal rights are separate from rights afforded to non-Aboriginal Canadian citizens under Canadian common law. This contrasts with the constitutional development of much of southern Canada, which long preceded Supreme Court decisions confirming aboriginal rights and title.

For this reason, NWT devolution can be fully understood only against a backdrop of decades of modern treaty making, by which aboriginal peoples have been recognised as co-governors. Constitutional recognition of Aboriginal people The US, Canada and New Zealand have all moved to recognise Aboriginal people in their respective constitutions.

But Australia is still struggling: politicians are adamant to go beyond symbolic gestures, and. Our land, our future: discussion paper on political & constitutional development in the Northwest Territories / Northwest Territories Ministry for Aboriginal Rights and.

Oodgeroo Noonuccal (–) was a famous Aboriginal poet, writer and rights activist, credited with publishing the first book of verse by an Aboriginal author, We Are Going ().

Sally Morgan's novel My Place () was considered a breakthrough memoir in. Australia Law Dame Review Guy Charlton 0 1 2 0 Auckland University of Technology 1 Charlton, Guy and Gao, Xiang () "Constitutional Conflict and the Development of Canadian Aboriginal Law," The University of 2 The Eastern Institute of Technology, Auckland Follow this and additional works at: Part of the Constitutional Law Commons, and the Indian and Author: Guy Charlton, Xiang Gao.

Byover eighty per cent of the M6tis population in the NorthWest Territories had come from Manitoba, with the greatest concentration around Batoche on the Saskatchewan River, where Gabriel Dumont and his men fought the Canadian army, the last Aboriginal group to face the army until Oka in the summer of 55 G.

Ens, "Mdtis Lands in Cited by: 4. Aboriginal Self-Governance in North America. Saturday, Ap The Gifford Room, Kroeber Hall (Bancroft Way at College Avenue) Participant Bios.

Michael Behiels, Fellow of the Royal Society of Canada, is a Professor of Canadian Political and Constitutional History at the University of Ottawa. He is a writer, commentator, and File Size: KB.

Aboriginal Land Commissioner. The Aboriginal Land Rights Act created the position of the Aboriginal Land Commissioner who was empowered to investigate and report on Aboriginal claims to unalienated Crown Land in the Northern Territory, and to recommend the granting of legal title to Aboriginal Land Trusts for the benefit of traditional owners.

In the ensuing years a number of land. This collection of thirty essays constitutes a dialogue of native and non-native authors on such issues as sovereignty, assimilation, specific claims polciy, land stewardship, justice for First Nations, the residential school experience and the rebuilding of communities, women and sovereignty, and the Oka experience.

Jason Madden LL.B Partner Jason Madden is co-managing partner of Pape Salter Teillet LLP. Jason Madden is a graduate of Osgoode Hall Law School and is called to the bar in Ontario, Yukon, the Northwest Territories, Alberta, and Manitoba. He specializes in Indigenous rights law, with an emphasis.

Aboriginal Rights and Governance Chapter ObjeCtives After reading this chapter, you should be able to 1. Outline the historical background of the relations between Aboriginal peoples and the Canadian government. Explain the significance of constitutional changes and court rulings in establishing Aboriginal rights.

Size: 2MB. Devolution and Constitutional Development in the Canadian North Book Description: Six specialists on northern Canadian issues examine the transfer of power from the federal government to the governments of the Yukon and Northwest Territories.

Aboriginal Involvement in the Northwest Territories Protected Areas Strategy The Northwest Territories Protected Areas Strategy (NWT PAS) was developed and is being imple-mented by a partnership of organizations, including Aboriginal organizations. It explicitly accommo-dates cultural values and respects all Aboriginal and Treaty rights.

Kerry Wilkins is a Toronto lawyer and sometime adjunct professor of law at the University of Toronto, whose practice has focused in recent years principally on constitutional issues arising from the Canadian law about Aboriginal peoples.

He has published articles on legal education, the division of federal-provincial powers, section 88 of the Indian Act, inherent rights of Aboriginal self. The Hidden Constitution: Aboriginal Rights In Canada Most countries have a national myth-an account that purports to relate the central events of a country's history in compressed form, that explains how the country has come to be and what it stands for.

National myths are. This book reviews the legal and constitutional status of the comprehensive land claims agreements in the Northwest Territories, the Inuvialuit Final Agreement, the Gwich'in Final Agreement, and the Tungavik Federation of Nunavut Final Agreement, and examines the aboriginal water rights and the land and water management regimes established under.

Unit 2 General Provision and Basic Principles Article 1: The Aboriginal Republic of North America shall have a constitutional republic and traditionally Aboriginal constitutional Kingdom.

Article 2: Sovereignty shall be that of the Aboriginal People who shall exercise it directly, by means of referendum, or indirectly, through the constitutional representatives who shall be lawfully elected by. The Australian Constitution is the founding political and legal document of our nation.

It underpins our federal laws and system of government. Written over a century ago, it was shaped by the values and beliefs of the time, without input from Aboriginal or Torres Strait Islander peoples. In fact, the only mention of the nation’s First.

"The Royal Proclamation of and the Aboriginal Constitution" in Terry Fenge and Jim Aldridge, eds., Keeping Promises: The Royal Proclamation ofAboriginal Rights, and Treaties in Canada.Aboriginal Summit, and other bodies to develop options for the constitutional development of the NWT.

Devolution The transfer of responsibilities and authority to a more locally or regionally based government. The taking over by the Government of the Northwest Territories (GNWT) of provincial-type.Development in BC Today 7 ABORIGINAL LAW IN CANADA 8 Constitutional Protection of Aboriginal and Treaty Rights 8 The Duty to Consult: Legal Principles 9 The Duty to Consult: Responsibilities of the Parties 10 The Duty to Consult: Accommodation 11 The United Nations Declaration on the Rights of Indigenous Peoples