The Proof of Aboriginal Title
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Individual Aboriginal Rights
Michigan Journal of Race and Law Volume 9 2004 Individual Aboriginal Rights John W. Ragsdale Jr. University of Missouri-Kansas City School of Law Follow this and additional works at: https://repository.law.umich.edu/mjrl Part of the Cultural Heritage Law Commons, Indian and Aboriginal Law Commons, Legal History Commons, and the Property Law and Real Estate Commons Recommended Citation John W. Ragsdale Jr., Individual Aboriginal Rights, 9 MICH. J. RACE & L. 323 (2004). Available at: https://repository.law.umich.edu/mjrl/vol9/iss2/2 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Race and Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. INDIVIDUAL ABORIGINAL RIGHTS John W RagsdaleJr.* INTRODUCTION ....................................................................... 323 I. THE DEVELOPING CONCEPT OF INDIVIDUAL ABORIGINAL R IGHTS ............................................................. 331 A. The Western Shoshone Experience Prior to the Indian Claims Commission Act ............................................ 331 B. The Indian Claims Commission Proceedings .................... 336 C. The Dann Litigation and the Establishment of Individual A boriginal R ights .................................................... 341 II. CONTOURS OF THE DOCTRINE ............................................... -
Aboriginal Title and Private Property John Borrows
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 71 (2015) Article 5 Aboriginal Title and Private Property John Borrows Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Borrows, John. "Aboriginal Title and Private Property." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 71. (2015). http://digitalcommons.osgoode.yorku.ca/sclr/vol71/iss1/5 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Aboriginal Title and Private Property John Borrows* Q: What did Indigenous Peoples call this land before Europeans arrived? A: “OURS.”1 I. INTRODUCTION In the ground-breaking case of Tsilhqot’in Nation v. British Columbia2 the Supreme Court of Canada recognized and affirmed Aboriginal title under section 35(1) of the Constitution Act, 1982.3 It held that the Tsilhqot’in Nation possess constitutionally protected rights to certain lands in central British Columbia.4 In drawing this conclusion the Tsilhqot’in secured a declaration of “ownership rights similar to those associated with fee simple, including: the right to decide how the land will be used; the right of enjoyment and occupancy of the land; the right to possess the land; the right to the economic benefits of the land; and the right to pro-actively use and manage the land”.5 These are wide-ranging rights. -
Some Thoughts on Aboriginal Title
SOME THOUGHTS ON ABORIGINAL TITLE Brian Slattery* Introduction Justice Ivan Cleveland Rand, for whom this lecture is named, served as a judge in the Supreme Court of Canada for some sixteen years, between 1943 and 1959. During that period, the Supreme Court of Canada handed down only three reported decisions relating to the rights of aboriginal peoples.1 In two of these cases, Justice Rand delivered separate opinions.2 Some passages that appear there are worth pondering. In the St. Ann’s Island Shooting and Fishing Club case,3 decided in 1950, Justice Rand stated with respect to a provision of the Indian Act:4 The language of the statute embodies the accepted view that these aborigines are, in effect, wards of the state, whose care and welfare are a political trust of the highest obligation. For that reason, every such dealing with their privileges must bear the imprint of Governmental approval... Six years later, in the case of Francis v. The Queen,5 Justice Rand remarked with respect to a clause favouring Indians in the Jay Treaty of 1794: Appreciating fully the obligation of good faith toward these wards of the state [i.e. the Indians], there can be no doubt that the conditions constituting the raison d ’etre of the clause were and have been considered such as would in foreseeable time disappear.... Whether, then, the time of its expiration has been reached or not it is not here necessary to decide; it is sufficient to say that there is no legislation now in force implementing the stipulation. -
October – November
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Washington, Bowdoin, and Franklin
WASH ING T 0 N, BOWDQIN, AND FRANKLIN, AS PORTRAYED IS 0CCASI0NAL AD L) RESSES. WashnQ ton JVitz.o nal Jtioimm ent Proposed heLght in clotted lines, 48.5 fi Completed, shown by dnrk lznes, 174 fi Stone Terrace, 25f* hzgh dLarneter 2OOfS WAS HIN G T 0 N, BOWDOIN, AND FRANKLIN, AS PORTRAYED IN OCCASIONAL ADDRESSES: BY vxi ROBERT C. WINTHROP. I WITH A FEW BRIE-F PIECES ON KINDRED TOPICS, ASD WITH NOTES AKD ILLUSTRATIONS. LITTLE, BROWN, AND COMPANY. 1876. 7 /' Entered according to Act of Congress, in the pear 1876, by LITTLE, BROW6, AND CONIPANY, In the Office of the Librarian of Congress, at Vashington. Cambridge : Press oj 70hWilson and Soti. PREFATORY NOTE. I ‘&VE so often, of late, been called on for copies of some of these productions, -no longer to be found in a separate or convenient form,-that I have ventured to think that they might prove an acceptable contribution to our Centennial Literature. They deal with two, certainly, of the greatest figures of the period we are engaged in commemorating; and BOWDOIN,I am persuaded, will be’ considered no un worthy associate of WASHINGTONand FRANKLINin such a publication. The Monument to Washington, to which the first pro duction relates, is still unfinished. It may be interesting to recall the fact that the Oration, on the laying of its corner-stone, was to have been delivered by JOHNQUINCY ADAMS. He died a few months before the occasion, and it was as Speaker of the House of Representatives of the United States, of which he had long been the most illus trious member, that I was called on to supply his place. -
Aboriginal Title As a Constitutionally Protected Property Right Kent Mcneil Osgoode Hall Law School of York University, [email protected]
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2000 Aboriginal Title as a Constitutionally Protected Property Right Kent McNeil Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/scholarly_works Recommended Citation McNeil, Kent. "Aboriginal Title as a Constitutionally Protected Property Right." Lippert, Owen, ed. Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision. Vancouver, BC: The rF aser Institute, 2000. p. 55-75. ISBN: 0889752060 This Book Chapter is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. Aboriginal Title as a Constitutionally Protected Property Right KENT MCNEIL Delgamuukw v. British Columbia' is undoubtedly one of the most impor tant decisions the Supreme Court of Canada has ever handed down. It will have a continuing, long-term impact on the Aboriginal peoples' re lationships with the federal and provincial governments, as well as on the constitutional division of powers in this country.2 While there are many aspects of the decision that require analysis and discussion, this paper's focus is on the definition of Aboriginal title provided by the Court. In particular, I am going to discuss the status of Aboriginal title, ~~<::~~~ a pr?Ee ~ty_ rig~~1 J2.u~ - ~1E.?. ~ ~:__ a_~!E.£~~!!!.i9 n_ally}.ro f£.~t~I£I£Eitj right. This wi1f'involve looking at the central position of property, espe- Cially real property, in the common law. -
October – November
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Newsletter, Vol 29 No 1, Summer 1998
SLH NEWSTETTER æ"Íi{": ( è Þ t ö '¿a (Í. { IJJ o 2& ,YtÐ PRESIDENT PRES¡DENT-EtECT Laura Kalman Thomas A. Green Department of History Law School University of California, University of Michigan Santa Barbara SECRETARY.TREASURER Donald G. Nieman Department of History Bowling Oreen State University MANAGING EDITOR R. Mark Phillips Department of History Bowling Green State University ,rtuitE 29, Iro. I TABLE OF CONTENTS Socict)' News of thc Frorl tlre lì'csitlelrt's l)esk I l99tì Ànnual Mce ting 2 r\ll Abotrt Us 2 Who Are'Wc? 4 Sponsoring and Sustaitring Memtrers 4 Don¡ltl St¡tht'rl¿ìlìd Prizù 5 1998 Elcctions/lliographics of the Candiclates 5 44lr9u!!cc!!9rls National Humanities Center Fellows () Wilson Ceuter Fellows, 1998-99 9 Americatr Antitlrrarian Socicty Iìellows 10 Massacht¡sctts Historical Society Fellows 10 Grrggenheir-r-r Fellows for 1998-99 l0 Y¡lc l-aw Jourtr¿l Cottfelt'ltct' l0 Massachusctts I-egal Flistory Journal 10 Stlrtlent Ììssay Compctitiotr 11 National I Iurnanitics Cerrter Fc-llowships, 1999-2000 il Woot-lrow Wilson Center Fellowships for 1999-2000 t1 U.S. Independent Counsel lnvcsti¡¡ations Projcct t2 Suprcmc Court I listorical Society Lecture Serics 12 National Archivcs Digital Classroonr Project t2 Rccent Publications of Interest Articlcs 13 Books 27 UNC Press'l'itles 30 lr !-- Midvvt'st C'l IlAt't'ANlil-Ll for all his u'olk ort ot¡r beh¿rlI in Soattle . Nrl¡!l¡-c¡'st ()ctolrer. 2s (23) Illinois s4 ( s3) Wc krok forn,¿rrd kr sccing yorr in ln thc rÌìt'¿ìntirìl(', n,c hopc y()ll arc having a C()ntìcctictlt 2( 3) I rrcl iana 20 ( le) r.r'ondr.r'ful sunrnìet antl "let's Lre' carcfttl out thcre!" Maiuc 62 (47) lorv¿r 6( 10) M¡ss¡cht¡st'tts 2( ó) Michigan 26( 27) I 99tì Anntrrrl Mcctirrs: .Seattle, October 22-24 Ncrv I l.rnrPshilt' ( s( 3) Minnesota )) )l\ Rhotlc Islarrcl r(2) Missouri 13 ( 13) Make nou' to attencl thc Socir-ty's l!)9tl nrccting in Seattle, rvhere n¡e rt,ill ¡rcct at VorI:ront ¡rlans Ohio 37 ( 35) thc Scattlc I lilton. -
Boats Built at Toledo, Ohio Including Monroe, Michigan
Boats Built at Toledo, Ohio Including Monroe, Michigan A Comprehensive Listing of the Vessels Built from Schooners to Steamers from 1810 to the Present Written and Compiled by: Matthew J. Weisman and Paula Shorf National Museum of the Great Lakes 1701 Front Street, Toledo, Ohio 43605 Welcome, The Great Lakes are not only the most important natural resource in the world, they represent thousands of years of history. The lakes have dramatically impacted the social, economic and political history of the North American continent. The National Museum of the Great Lakes tells the incredible story of our Great Lakes through over 300 genuine artifacts, a number of powerful audiovisual displays and 40 hands-on interactive exhibits including the Col. James M. Schoonmaker Museum Ship. The tales told here span hundreds of years, from the fur traders in the 1600s to the Underground Railroad operators in the 1800s, the rum runners in the 1900s, to the sailors on the thousand-footers sailing today. The theme of the Great Lakes as a Powerful Force runs through all of these stories and will create a lifelong interest in all who visit from 5 – 95 years old. Toledo and the surrounding area are full of early American History and great places to visit. The Battle of Fallen Timbers, the War of 1812, Fort Meigs and the early shipbuilding cities of Perrysburg and Maumee promise to please those who have an interest in local history. A visit to the world-class Toledo Art Museum, the fine dining along the river, with brew pubs and the world famous Tony Packo’s restaurant, will make for a great visit. -
Heart of Ice from the Green Fairy Book by Andrew Lang, Ed. Once
Heart of Ice 'Oh! prate away,' said she, 'your son will never be from The Green Fairy Book anything to boast of. Say what you will, he will be by Andrew Lang, Ed. nothing but a Mannikin--' No doubt she would have gone on longer in this Once upon a time there lived a King and Queen who strain, and given the unhappy little Prince half-a- were foolish beyond all telling, but nevertheless they dozen undesirable gifts, if it had not been for the were vastly fond of one another. It is true that certain good Fairy Genesta, who held the kingdom under her spiteful people were heard to say that this was only special protection, and who luckily hurried in just in one proof the more of their exceeding foolishness, time to prevent further mischief. When she had by but of course you will understand that these were not compliments and entreaties pacified the unknown their own courtiers, since, after all, they were a King Fairy, and persuaded her to say no more, she gave the and Queen, and up to this time all things had King a hint that now was the time to distribute the prospered with them. For in those days the one thing presents, after which ceremony they all took their to be thought of in governing a kingdom was to keep departure, excepting the Fairy Genesta, who then well with all the Fairies and Enchanters, and on no went to see the Queen, and said to her: account to stint them of the cakes, the ells of ribbon, and similar trifles which were their due, and, above 'A nice mass you seem to have made of this business, all things, when there was a christening, to remember madam. -
Constellation Wins America's Cup Races: Captain Is TRB&S Client Anonymous
University of Mississippi eGrove Touche Ross Publications Deloitte Collection 1965 Constellation wins America's Cup races: Captain is TRB&S client Anonymous Follow this and additional works at: https://egrove.olemiss.edu/dl_tr Part of the Accounting Commons, and the Taxation Commons Recommended Citation Quarterly, Vol. 11, no. 3 (1965, September), p. 31-33 This Article is brought to you for free and open access by the Deloitte Collection at eGrove. It has been accepted for inclusion in Touche Ross Publications by an authorized administrator of eGrove. For more information, please contact [email protected]. Captain is TRB&S CLIENT w& fmebim& twe^ '*,;/•#&•• %»&# The America's Cup, 114 year old trophy won by the yacht America in 1851, has remained in the headquarters of the New York Yacht Club since that time. Last American vic tor over the British challengers is Eric Kidder with his 12-Meter yacht, "Constellation". Eric Ridder, of Locust Valley, Long Island, New York, enthroned in the New York Yacht Club through Ameri has two widely different titles. In the newspaper, T.V. and can victories over nineteen challengers for its possession. radio world, he is referred to as publisher Eric Ridder. In Americans across the country became aware of the the sea going and yacht loving and sports world he is significance and romance of yachting when Sir Thomas known as Skipper Eric Ridder, captain of the 12-meter Lipton, founder of Lipton, Inc.,* the most successful Eng yacht Constellation which, in September of 1964, in the lish yachtsman of his day, tried to return the trophy to 19th of the world-famed America's Gup Races off New England. -
The Law of Native American Hunting, Fishing and Gathering Outside of Reservation Boundaries in the United States and Canada
Canada-United States Law Journal Volume 39 Issue Article 5 January 2014 The Law of Native American Hunting, Fishing and Gathering Outside of Reservation Boundaries in the United States and Canada Guy Charlton Follow this and additional works at: https://scholarlycommons.law.case.edu/cuslj Part of the Transnational Law Commons Recommended Citation Guy Charlton, The Law of Native American Hunting, Fishing and Gathering Outside of Reservation Boundaries in the United States and Canada, 39 Can.-U.S. L.J. 69 (2015) Available at: https://scholarlycommons.law.case.edu/cuslj/vol39/iss/5 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Canada-United States Law Journal by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. THE LAW OF NATIVE AMERICAN HUNTING, FISHING AND GATHERING RIGHTS OUTSIDE OF RESERVATION BOUNDARIES IN THE UNITED STATES AND CANADA Guy Charlton* ABSTRACT: This article examines and compares the law of Native American/Aboriginal hunting, fishing and gathering rights in those areas which are located outside of reserved land area in Canada and the United States. The article argues that despite the differing statutory and constitutional traditions, both states’ law and policy towards the Native American continues to reflect the underlying premises of the colonial project. While indigenous peoples have significant use rights, national, state and provincial power remains the primary locus of regulatory authority. However, there may be opportunities to extend use and co-management rights to allow tribes to be involved in land use and environmental regulatory decisions.