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WE ARE ALL HERE TO STAY? INDIGENEITY, MIGRATION, AND ‘DECOLONIZING’ THE TREATY RIGHT TO BE HERE
Published 2013-10-01Get full text
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Doing Work on the Land of Our Ancestors: Reserved Treaty Rights Lands Collaborations in the American Southwest
Published 2021-02-01“…We attempt to achieve this through an exploration of the Reserved Treaty Rights Lands (RTRL) program and how it has been used to implement collaborative fuel management projects on National Forest lands. …”
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Food Fish, Commercial Fish, and Fish to Support a Moderate Livelihood: Characterizing Aboriginal and Treaty Rights to Canadian Fisheries
Published 2010-04-01Subjects: Get full text
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A Reflection on First Nations in their Boreal Homelands in Ontario: Between a Rock and a Caribou
Published 2015-01-01Subjects: Get full text
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What’s in a name? The search for ‘common ground’ in Kenora, Northwestern Ontario
Published 2013-10-01Subjects: Get full text
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Ongoing Colonization and Indigenous Environmental Heritage Rights: A Learning Experience with Cree First Nation Communities, Saskatchewan, Canada
Published 2021-07-01Subjects: Get full text
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Thin or Thick Inclusiveness? The Constitutional Duty to Consult and Accommodate First Nations in Canada
Published 2019-10-01“…Such a thicker version of inclusiveness would be one in which the pace of oil sands exploitation is moderated or halted in order to allow First Nations to engage in traditional activities connected intimately with aboriginal and treaty rights.…”
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Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor
Published 2023-06-01“…The requirement for justification is triggered when treaty rights are infringed — when a group is deprived of a meaningful ability to exercise its treaty rights within its traditional territory. …”
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Treaties and Territory: Resource Struggles and the Legal Foundations of the U.S./American Indian Relationship
Published 2017-02-01“…In attempting to understand this historical contestation over water resources and tribal sovereignty, the question of treaty rights has been on the lips of Standing Rock water protectors, as well as scholars, community leaders, politicians, and commentators.…”
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Coastal Environments: Mine Discharges and Infringements on Indigenous Peoples’ Rights
Published 2023-07-01“…Initially, federal and state officials were fearful that treaty rights might warrant reparations. Recently, multiple agency/state funding programs supported international (IJC) award-winning restoration efforts by tribal members, illustrating how Indigenous Peoples and governments can work together to safeguard treaty rights.…”
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Research as Reciprocity: Northern Cree Community-Based and Community-Engaged Research on Wild Food Contamination in Alberta’s Oil Sands Region
Published 2017-07-01“…I critique the extraction of traditional knowledge in the traditional land use consultation industry in Alberta, Canada that is used in place of the Federal Government’s duty to consult First Nations regarding their Treaty rights. As an alternative to traditional land use assessments I provide a description of the methods used in projects that test Fort McKay First Nation and Bigstone Cree First Nation’s wild foods for contaminants resulting from oil sands activities in northern Alberta’s Treaty No. 8 region. …”
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The succession of international treaties in contemporary practice
Published 2012-01-01“…No general rules and unwillingness of states to apply particular rules on succession often caused extreme difficulties in the past in analyzing the succession of treaty rights and obligations. As a totally incomplete system that would serve to regulate all problems caused by the change of the state territorial sovereignty in time the law of succession has manifested a tendency towards “adjustment” of customary rules to the factual situation. …”
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Anishinaabe Law at the Margins: Treaty Law in Northern Ontario, Canada, as Colonial Expansion
Published 2023-06-01“…Canada, a recent Ontario decision brought by Anishinaabe Treaty beneficiaries who seek to affirm these treaty rights. A reading of the Robinson Treaties that implements the original treaty promise and increases annuity payments would be a hopeful outcome of the Restoule v. …”
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Reconstructing Heritage and Cultural Identity in Marginalised and Hinterland Communities: Case Studies from Western Newfoundland
Published 2015-08-01“…Issues surrounding treaty rights and access to this region’s resources resulted in international arbitration and The Hague Tribunal of 1910, and set a legal precedent for opening up global access to the world’s oceans. …”
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Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor
Published 2023-03-01“…The paper proceeds with a brief overview of these distinct types of Indigenous land rights, then provides a more detailed account of the legal content of s. 35 constitutional Aboriginal title, historic and modern treaty rights. This includes discussion of government’s legal duty of consultation and accommodation, and the requirements for constitutionally justified limitation of these rights. …”
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FERC, hydropower, and tribal rights: Confrontations at the Little Colorado River
Published 2024-02-01“…The Policy acknowledges FERC's trust responsibility to tribes and seeks to work on a "government to government" basis with them, and recent amendments explicitly incorporate treaty rights into FERC's decision-making processes. …”
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