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Le manuel juridique de l’enquêteur
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Co-Editor Gordon Scott Campbell

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LINKS TO ABORIGINAL LAW AND POLICY MATERIALS RELEVANT TO CANADA

A. CANADIAN ABORIGINAL CONSTITUTIONAL DOCUMENTS AND LEGISLATION

Royal Proclamation of 1763

Constitution Act, 1867 and Constitution Act, 1982

Indian Act, R.S.C. 1985 c. I-5


B. CANADIAN ABORIGINAL LAW AND POLICY MATERIALS

Aboriginal Canada Portal: very extensive links to federal provincial, and aboriginal government sites of relevance to aboriginal peoples.

Bill Henderson’s Aboriginal Law Links: extensive links to Canadian and international aboriginal primary legal source documents and other resources, as well as a "Brief Introduction to Aboriginal Law In Canada" that is actually quite detailed – but site no longer being updated.

British Columbia Treaty Commission: extensive resources related to the BCTC negotiations process for modern treaties in British Columbia, including the texts of all agreements.

Canadian Bar Association Aboriginal Law: good, fairly current summary of Aboriginal law principles.

Canadian Native Law Centre: full-text of significant cases and facta, hosted by the University of Sastatchewan

Historica – The Canadian Encyclopedia: Canadian many detailed articles on law, policy and society connected to aboriginal peoples of Canada – particularly search for "Indian Treaties."

Indian and Northern Affairs Canada: Government of Canada site with diverse publications, a limited collection of treaties, and information on the claims process and governmental programs.

Specific Claims Tribunal: established in 2008 to hear “Specific Claims” which have been rejected or failed to reach a negotiated resolution.

Indigenous Law Journal: University of Toronto annual publication, featuring online full text Canadian and international articles since 2002.

Institute on Governance: numerous publications on aboriginal governance.

Office of the Treaty Commissioner (Saskatchewan): historical biographies, information sheets, Report on Treaty Land Entitlement, short histories of negotiations of Treaties 4, 5, 6, 8 & 10.

 

C. UNITED STATES ABORIGINAL LAW AND POLICY MATERIALS

Alaska Law Review: full-text online article archives that features at least one article related to aboriginal law in most issues.

Cornell Legal Information Institute Indian Law Sources: legislation and case law relevant to Indians.

Findlaw Library Indigenous Peoples: articles on many topics related to U.S. aboriginal law, including court jurisdiction, treaties and tribal government.

Indian Law Resource Center: focus on both U.S. and particularly international legal materials.

Native American Constitution and Law Digitization Project: full-text of tribal constitutions and codes, a 1941 Handbook of Federal Indian Law, a 1982 Cases and Materials on Problems in Land Allotted to American Indians, a 2003 American Indian Territorality: An Online Research Guide, a 2003 Annotated Bibliography of Federal and Tribal Law: Print and Internet Sources, Opinions of the Solicitor of the Department of the Interior Relating to Indian Affairs 1917-1974,

Native American Rights Fund: this organization which provides litigation and advisory services to U.S. aboriginal groups administers the National Indian Law Library, which has online tribal constitutions and codes, a U.S. Supreme Court Indian Law Bulletin, and many links to online primary and secondary sources.

Tribal Court Clearinghouse: documents relevant to the operation of tribal courts.

Tribal Law Journal: online full-text articles.

United States Department of Justice Office of Tribal Justice: documents on the administration of justice on aboriginal territory.

WWW Virtual Library - American Indians
: extensive legal and non-legal links to primarily U.S. materials and organizations.

 

D. AUSTRALIAN ABORIGINAL LAW AND POLICY MATERIALS

Agreements, Treaties and Negotiated Settlements Project: very extensive Australian site "examining treaty and agreement-making with Indigenous Australians and the nature of the cultural, social and legal rights encompassed by past, present and potential agreements and treaties," that also contains summary information and links to the full text of Canadian and New Zealand aboriginal agreements as well.

Australian Local Government Native Title Policy Papers: a variety of detailed documents on how local governments should approach the issue of aboriginal title.

European Network for Indigenous Australian Rights (ENIAR): European-based organization seeking "to promote awareness on indigenous issues and to provide information for Indigenous Australians about Europe and international organisations" whose site contains perspectives on the legal and social position of aboriginal Australian and news items.

Foundation for Aboriginal and Islander Research Action: run by "an indigenous rights organisation concerned with human rights issues as they affect the Indigenous Peoples of Australia and elsewhere in the world," the site contains policy documents, and documents relevant to the United Nations Committee on the Elimination of Racial Discrimination.

Indigenous Land Corporation: Commonwealth statutory authority that "assists Indigenous Australians acquire land and manage Indigenous-held land in a sustainable way to provide cultural, social, economic or environmental benefits for themselves and future generations" the site contains guides to the corporations policies and strategies.

Indigenous Law Resources: part of AustLII, this section has full-text documents from a variety of Australian sources.

National Native Title Tribunal: a Commonwealth of Australia government body "that facilitates the making of agreements among Aboriginal and Torres Strait Islander people, governments, industry and others whose rights or interests may co-exist with native title rights and interests," the site contains fact sheets on native title, guides to determining title, documents on mediation, negotiation and arbitration of aboriginal title in Australia, peaches, and other documents.

Native Title Resources: part of WorldLII site, contains links to primary documents and other sites connected to aboriginal title in Australia

Reconciliation Australia: information on this NGO which "provides a national focus for the process of reconciliation between Aboriginal and Torres Strait Islander peoples and the wider Australian community" as well as ten years worth of documents produced by the Council for Aboriginal Reconciliation

Rod Hagen’s Native Title Site: summaries of evolution of the law and links to key resources.

 

E. NEW ZEALAND ABORIGINAL LAW & POLICY MATERIALS

Indigenous Peoples and the Law: a New Zealand based "online institute of law affecting indigenous peoples" it features links to many of the most compelling recent aboriginal legal issues in New Zealand and elsewhere.

The Maori Law Review: case summaries of law affecting the Maori.

Office of Treaty Settlements: contains a variety of documents relating to the settlement of historical Treaty of Waitangi claims.

Resources for Maori Land Law: University of Auckland Law Library site with links to cases, legislation and background material.

Waitangi Tribunal: home of the permanent commission of inquiry established to makes recommendations to the government on claims brought by Maori, the site contains answers to frequently asked questions about the claims process, a guide to preparing a claim, and summaries of a number of reports the Tribunal has issued.

 

F. INTERNATIONAL INDIGENOUS LAW AND POLICY MATERIALS

Center for World Indigenous Studies: home of a U.S.-based NGO promoting "understanding and appreciation of the ideas and knowledge of indigenous peoples and the social, economic and political realities of indigenous nations," the site includes the Fourth World Documentation Project Archives with mainly American but also Canadian and other international documents on indigenous peoples, and the Fourth World Journal that contains some legal articles on indigenous peoples.

International Indian Treaty Council: various documents relating to international recognition of the rights of indigenous peoples at the United Nations, in other international bodies and by individual states.

Researching Indigenous Peoples’ Rights Under International Law: written by law librarian Steven J. Perkins, this is a how-to guide for international indigenous legal research that also includes many links.

United Nations Permanent Forum on Indigenous Issues: state submissions, speeches, and background documents.

 

 

 

 

 


 


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