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Dissertations / Theses on the topic 'Indian title'
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1
Lochead, Karen Elizabeth. "Reconciling dispossession?: The legal and political accommodation of Native title in Canada and Australia /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2039.
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Smith, Donald Myles. "Title to Indian reserves in British Columbia : a critical analysis of order in council 1036." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/27356.
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Indian reserves in British Columbia have a unique history. When British Columbia joined Confederation, the Terms of Union required the province to convey reserve lands to Canada in trust, for the use and benefit of the Indians. That constitutional obligation, imposed by the Terms of Union, was not fulfilled until many years after the date of union. It was not until 1929 that a "form of tenure and mode of administration" for all reserves in the province was agreed upon by the two governments. Nine years later, the provincial government passed Order in Council 1036, which conveyed most reserves outside the old Railway Belt to Canada. Pursuant to the 1929 agreement, the reserves which had been established inside the Railway Belt, (a strip of land that had been transferred to Canada in 1884), were to be governed by the same terms and conditions found in Order in Council 1036. Other reserves, which had been established pursuant to treaty Number 8, were not formally transferred until 1961.
The purpose of this thesis is to examine the history leading up to the transfer of reserve lands in British Columbia, and to critically analyze the title which passed pursuant to Order in Council 1036. The examination of Order in Council 1036 includes an analysis of the proprietary rights transferred, such as water and mineral rights. The transfer instrument is analysed in detail in order to determine what rights and interests were passed to the Dominion and what was reserved to the province. Because the reserves in the old Railway Belt share the same terms and conditions, pursuant to Privy Council Order 208, they will also be included in this study. The establishment and transfer of Treaty Eight reserves will not be dealt with here. However, due to the similarities in the transfer instruments, some of the comments and analysis with respect to the other reserves will be applicable to the Treaty Eight reserves.
The Constitution required the province to convey reserve lands to the Dominion. The term "conveyance" is not strictly appropriate to describe a transfer of property rights between levels of Her Majesty's governments. Therefore, certain aspects of Crown title and the transfer of property interests between levels of governemnt are examined herein. It is submitted that, because the Terms of Union required the "conveyance" of Indian reserves, the transaction must be analyzed from a constitutional law perspective.
One of the features of Order in Council 1036 is a reservation by the province of a right to resume up to one-twentieth of any reserve lands. That is a term of the conveyance that continues to concern Indian bands in British Columbia. It is submitted that this condition of the transfer is invalid because it is contrary to the requirements of the Terms of Union. The conveyance should not be construed as a grant of real estate, but rather as a transfer of proprietary interests pursuant to legislation. Order in Council 1036, (and the Federal counterpart, Privy Council Order 208), should be viewed as delegated legislation. It is further submitted that this delegated legislation is ultra vires to the extent that it purports to give the provincial government a power of resumption over Indian reserve lands.<br>Law, Peter A. Allard School of<br>Graduate
3
O'Toole, Darren. "Taking Métis Indigenous Rights Seriously: 'Indian' Title in s. 31 of the Manitoba Act, 1870." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23779.
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In Sparrow, the Supreme Court of Canada stated that ss. 35(1) is “a solemn commitment that must be given meaningful content” the objective of which is to ensure that Aboriginal rights “are taken seriously.” Despite such a clear directive from the highest court, in Manitoba Métis Federation v. Canada [2007], MacInnes J. of the Queen’s Bench of Manitoba seemed incapable of taking seriously the Aboriginal title of the Métis under s. 31 of the Manitoba Act, 1870, and in no way thought of its explicit recognition as ‘a solemn commitment that must be given meaningful content’. For his part, if Scott C.J. of the Manitoba Court of Appeal was able to find a ‘cognizable Aboriginal interest’ in the expression ‘Indian title’, and thereby recognize to some extent Métis Aboriginal rights, he seemed incapable of conceiving such interests as title. This thesis is basically an attempt to ‘take seriously’ the common law Aboriginal title of the Métis. In order to do so, it first looks at the treatment of the concept of Indian title and the Royal Proclamation, 1763, in the lower courts throughout the infamous St. Catharine’s Milling and Lumber case. Subsequently, the existing common law doctrines of inherent Métis rights, those of the derivative rights doctrine, the empty box doctrine and the distinct Aboriginal people doctrine are all found to be inadequate to the task of providing cogency to the ‘constitutional imperative’ that was evoked in Powley. A fourth doctrine is therefore proposed, that of a Métis Autochthonous or Indigenous rights doctrine. In light of this, it is argued that the recognition of the ‘Indian’ title in s. 31 was not a mere ‘political expediency’ but is rooted in the underlying constitutional principle of the protection of minorities. Furthermore, insofar as the ‘Indian’ title of the Métis is taken seriously, it can be seen as having been extinguished through the federal power over ‘lands reserved for Indians’ under ss. 91(24). The legal implication is that they were, in the logic of the times, basically enfranchised ‘Indians’. Finally, by applying the grid established in Sioui for determining the existence of a ‘treaty’, it is argued that s. 31 is a ‘treaty’ or land claims settlement within the meaning of s. 35.
4
Fuentes, Carlos Iván. "Redefining Canadian Aboriginal title : a critique towards an Inter-American doctrine of indigenous right to land." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101816.
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Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.
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Sabzalian, Leilani. "Beyond "Business as Usual": Using Counterstorytelling to Engage the Complexity of Urban Indigenous Education." Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/19715.
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This dissertation examines the discursive and material terrain of urban Indigenous education in a public school district and Title VII/Indian Education program. Based in tenets of Tribal Critical Race Theory and utilizing counterstorytelling techniques from Critical Race Theory informed by contemporary Indigenous philosophy and methodological theory, this research takes as its focus the often-unacknowledged ways settler colonial discourses continue to operate in public schools. Drawing on two years of fieldwork in a public school district, this dissertation documents and makes explicit racial and colonial dynamics that manifest in educational policy and practice through a series of counterstories. The counterstories survey a range of educational issues, including the implementation of Native-themed curriculum, teachers’ attempts to support Native students in their classrooms, challenges to an administrator’s “no adornment” policies for graduation, Native families’ negotiations of erasures embedded in practice and policy, and a Title VII program’s efforts to claim physical and cultural space in the district, among other issues. As a collective, these stories highlight the ways that colonization and settler society discourses continue to shape Native students’ experiences in schools. Further, by documenting the nuanced intelligence, courage, artfulness, and what Gerald Vizenor has termed the “survivance” of Native students, families, and educators as they attempt to access education, the research provides a corrective to deficit framings of Indigenous students. Beyond building empathy and compassion for Native students and communities, the purpose is to identify both the content and nature of the competencies teachers, administrators, and policy makers might need in order to provide educational services that promote Indigenous students’ success and well-being in school and foster educational self-determination. This research challenges educators to critically interrogate taken-for-granted assumptions about Native identity, culture, and education and invites educators to examine their own contexts for knowledge, insights, and resources to better support Native students in urban public schools and intervene into discourses that constrain their educational experiences.
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Lone, Fozia Nazir. "Restoration of historical title and the Kashmir question : an international legal appraisal." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources. Online version available for University member only until Mar. 17, 2011, 2008. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=25194.
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Shaffer, Michael B. "An investigation of the relationship between organizational health and third grade student achievement in Indiana's Title I elementary schools." Virtual Press, 2004. http://liblink.bsu.edu/uhtbin/catkey/1290776.
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Bastien, Elizabeth M. "Our home, y(our) title: matrimonial real property on First Nation reserves in Canada /." Burnaby B.C. : Simon Fraser University, 2006. http://ir.lib.sfu.ca/handle/1892/2721.
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LaBarge, Maria S. "Francois Valentijn's Oud En Nieuw Oost Indien and the Dutch Frontispiece in the 17th and 18th Centuries." Scholarly Repository, 2008. http://scholarlyrepository.miami.edu/oa_theses/120.
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In this thesis I analyze the Dutch frontispiece to Francois Valentijn?s 1726 book Oud en Nieuw Oost Indien and demonstrate that it is a significant artistic statement, original in its rich and imaginative iconography and emblematic program. I describe and explain the image and its iconographic program and emblematic structure. I compare the frontispiece to many other Dutch frontispieces and artworks that likewise feature the four continent allegories and other iconographic elements. I demonstrate the ways in which the frontispiece superbly and comprehensively summarizes and visualizes the text, which is the primary purpose of frontispieces. I also show how the image emulates early eighteenth-century Dutch culture by reflecting the period?s nostalgia for Golden Age styles and subjects. In conclusion I clarify the way in which the image functions emblematically and explain the twofold meaning of the emblem and proving that the image is exceptional and unique within the context of the historiography of Dutch frontispieces.
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Jalia, Aftab. "Innovative masonry shell construction in India's evolving building crafts : a case for tile vaulting." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/271686.
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This thesis uses the lens of building technology to examine cultural exchange and its relationship to the building crafts. By focusing on masonry vaulting in India, my research brings together two worlds – one that shines light on the variety of innovative masonry shell construction techniques that exist in the county and another that seeks to evaluate the scope of tile vaulting, an over 600-year old Mediterranean building technique, within India’s evolving building crafts culture. This thesis is organized in three parts: PART ONE Tile Vaulting and Relevance Today | A Brief History of Masonry Shells in India Part one introduces tile vaulting’s unique principles compared to other vaulting traditions while contextualizing its relevance to present day India. A survey of varied masonry vaulting techniques and modules, endemic and imported, practiced across India is presented against the backdrop of what is a predominantly reinforced concrete-based construction industry. PART TWO Modules, Methods and Motivations The second part of this research comprises case studies that include some of India’s most iconic buildings such as the Villa Sarabhai by Le Corbusier, the National Institute of Design by Gautam Sarabhai and Sangath by B.V. Doshi, each of which employed innovative construction techniques for its vaults. The production and use of the enigmatic ceramic fuses in India is examined for the first time alongside their indigenous cousins: burnt clay tubes. Together with Muzaffarnagar vaulting, the case studies reveal cultural motivations for architectural expression and production in postcolonial India. PART THREE Prototypes | Comparatives | Limitations & Extension of Research Part three presents five tile vaulting prototypes in India constructed with local artisans to gain understanding of its cultural reception, assess effective transfer of skills and potential internalisation. Recommendations for tile vaulting’s potential uptake into mainstream architectural production is evaluated by comparing findings against prevalent building methods and by contextualizing current architectural trends and social policy. Limitations and scope for extension of research are also discussed.
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Ramakrishnan, Karthik. "Title Optimization and Process modelling of Municipal Solid Waste using Plasma Gasification for Power Generation in Trichy, India." Thesis, KTH, Materialvetenskap, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-157545.
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Mahony, Ben David, and University of Lethbridge Faculty of Arts and Science. ""Disinformation and smear" : the use of state propaganda and mulitary force to suppress aboriginal title at the 1995 Gustafsen Lake standoff." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 2001, 2001. http://hdl.handle.net/10133/189.
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In the summer of 1995, eighteen protesters came into armed conflict with over 400 RCMP officers and soldiers in central British Columbia. The conflict escalated into one of the costliest police operations in Canadian history. Many accounts of Aboriginal aggression provided by the RCMP are not consistent with evidence disclosed at the trial of the protesters. Moreover, the substance of the legal arguments at the heart of the Ts' Peten Defenders' resistance received little attention or serous analysis by state officials, police or the media. The RCMP constructed the Ts' Peten Defenders as terrorists and downplayed the use of state force that included military weaponry, land explosives and police snipers, who received orders to shoot to kill. Serious questions remain about the role of the RCMP, who acted as the enforement arm of state policies designed to constrain the effort to internationalize the Aboriginal title question.<br>iii, 225, [44] leaves : ill. ; 28 cm.
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Duquet, Pascal. "La controverse historique entourant la survie du titre aborigène sur le territoire compris dans les limites de ce qu'était la province de Québec en 1763." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ38075.pdf.
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Crosby, Marcia Violet. "Indian art/Aboriginal title." Thesis, 1994. http://hdl.handle.net/2429/5212.
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In 1967, the Vancouver Art Gallery held an exhibition entitled Arts of the Raven:
Masterworks by the Northwest Coast Indian in celebration of Canada’s centennial. The
following thesis discusses the way in which the curators of the Arts of the Raven
exhibit constructed the Northwest Coast “Indian-Master” artist as a strategy that
figured into a larger, shifting cultural field. The intention of the exhibit organizers
was to contribute to the shift from ethnology to art. While this shift can be dated to
the turn of the century, this thesis deals primarily with the period from 1958-1967, a
decade described by the preeminent First Nations’ political leader, George Manuel,
as the time of “the rediscovery of the Indian”.
How the formation of an Indian-master artist (and his masterworks) intervened
in art historical practice, and dovetailed with the meaning that the affix “Indian”
carried in the public sphere, is considered. In the 1960s, this meaning was fostered,
in part, through a reassessment of Canada’s history in preparation for the centennial.
This event drew attention to the historical relationship between Canada and
aboriginal peoples through public criticism of the government by public interest
groups, Indian organizations, and civil rights and anti-poverty movements.
The category of mastery, which functions as a sign of class, taste and prestige in
European art canons, “included” the Indian under the rubric of white male genius.
Yet the Indian as a sign of upward mobility was incommensurable with the Native
reality in Canada at the time. In other words, the exhibit produced an abstract
equality that eclipsed the concrete inequality most First Nations peoples were
actually experiencing. This thesis concludes by arguing that the Arts of the Raven
exhibit came to serve the important purpose of creating a space for the “unique
individual-Indian” from which collective political First Nations voices would speak.
15
Rossiter, David A. "The normal forest : producing British Columbia, 1859-1945 /." 2005. http://proquest.umi.com/pqdweb?index=0&did=1147174101&SrchMode=1&sid=14&Fmt=2&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1195152232&clientId=5220.
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Thesis (Ph.D.)--York University, 2005. Graduate Programme in Geography.<br>Typescript. Includes bibliographical references (leaves 208-215). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://proquest.umi.com/pqdweb?index=0&did=1147174101&SrchMode=1&sid=14&Fmt=2&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1195152232&clientId=5220
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Brown, C. Rebecca. "Starboard or port tack? : navigating a course to recognition and reconciliation of aboriginal title to ocean spaces." Thesis, 1999. http://hdl.handle.net/2429/5593.
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In British Columbia, fifty-one First Nations have filed Statements of Intent signifying their
interest in negotiating a treaty with Canada and the Province of British Columbia since the
establishment of the British Columbia Treaty Commission in 1993. Twenty-seven of these
First Nations participants claim ocean spaces within their traditional territories. Academic
research and writing over the last decade has focussed on Aboriginal title to land, with little,
if any reference, to ocean spaces. The concept of Aboriginal title was recently recognized by
the courts in Delgamuukw v. British Columbia.
My research will explore what information and legal principles could be utilized to recognize
Aboriginal title to ocean spaces within the Canadian legal context, and therefore provide
some bases for First Nations in substantiating their claims. My analysis will begin with a
review of international law principles surrounding title to and jurisdiction over ocean spaces.
Following which, I will delineate the sources available for recognizing such a theory, starting
with a review of the concepts of Aboriginal title as determined in Delgamuukw and their
applicability to ocean spaces.
Delgamuukw has affirmed Aboriginal perspectives are an integral part of the investigation of
Aboriginal title, and voices of members of two particular First Nations being the Haida
Nation and the Tsawwassen First Nation, with whom I visited, will be included. Rounding
out the sources will be a review of comparative legal concepts drawn from the United States
and Australian experiences, and the principles espoused within international human rights
materials.
Having established the avenues for recognition of this concept, I then turn to discussion of its
reconciliation within the Canadian legal context by reviewing theories of co-management and
examining a number of settlement instruments that have yielded some degree of reconciliation
between the federal government and the particular First Nation or Province involved.
Comments from First Nations in respect of the obstacles that hold back reconciliation will be
noted.
In conclusion, my research will deduce Aboriginal title to ocean spaces is a viable legal
concept in Canada, and First Nations have the resources necessary to substantiate their
claims. Comments about the possibilities that may result at the treaty table or in the courts
upon recognition of this concept will also be discussed.
This analysis is timely and important as many First Nations are nearing the stage of the treaty
process where discussions will be directed towards what territories these First Nations
groups will retain and what ownership, jurisdiction and rights they will enjoy as to ocean
spaces and resources. Such issues directly relate to the continued way of life, culture, and
sustainable economic growth and stability of First Nation communities into the twenty-first
century.
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Sandford, Christie. "Kymlicka and the aboriginal right." Thesis, 1996. http://hdl.handle.net/2429/5662.
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This thesis is concerned with two central questions. The first is theoretical and asks,
"Can a direct appeal be made to the foundational principles of liberalism to support
collective rights?" The second question is practical and asks: "Would such a defense
serve the interests of contemporary Canadian Aboriginal claims to special
constitutionally recognized collective rights known as the Aboriginal Right?" I utilize
Will Kymlicka's defense of minority rights as the theoretical framework in assessing this
first question and in assessing the latter, I refer to various reported Aboriginal
conceptions of the so-called Aboriginal Right which have been formalized by Aboriginal
people themselves through constitutional addresses, Royal Commission hearings,
discussion papers and legal claims.
Part I of the thesis involves an enquiry into the nature of the revisions that Kymlicka
proposes to make to liberal theory, and asks whether, in making such changes, he is able
to retain identification with the so-called "modern" liberals, with whom Kymlicka
identifies himself, and consistently defend the kind of group minority rights of the sort
actually being claimed in Canadian society today. I conclude that Kymlicka argument
fails in two respects: it fails to do the work required of it by modern liberals and it
ultimately fails to do the work required by the standards of Kymlicka own theory.
In Part II, I argue that even if it were theoretically possible to protect the good of culture
in the way that Kymlicka hopes, such a defense of collective rights fails in the most
important respect: that is, it cannot do the work required of it by the Aboriginal people
for whom it was designed.
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Steyn, Elizabeth A. "At the Intersection of Tangible and Intangible : Constructing a Framework for the Protection of Indigenous Sacred Sites in the Pursuit of Natural Resource Development Projects." Thèse, 2017. http://hdl.handle.net/1866/19984.
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Quinn, Johnny Franklin. "Abortion titles in Indiana public libraries an examination of factors influencing collection diversity /." 1996. http://catalog.hathitrust.org/api/volumes/oclc/37016408.html.
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Bojrab, Michelle Alison. "Identification of the type and amount of nutrition education provided to Title III-C recipients of congregate and home delivered meals in Region V : Indiana, Michigan, Ohio, Illinois, Wisconsin and Minnesota." 2013. http://liblink.bsu.edu/uhtbin/catkey/1709513.
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Legislation mandates that older adults, who receive Title III-C assistance should be provided with nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of individuals. The amount and content of nutrition education, however, is subject to variation of state guidelines. The purpose of this study is to measure the type and amount of nutrition education being provided to congregate meal site and home delivered meal participants and to identify if special accommodations are being made for those participants with visual and hearing impairments in the states of Indiana, Michigan, Ohio, Illinois, Wisconsin, and Minnesota (Region V). The nutrition representatives for congregate meal site and home delivered meal programs within the six states were sent an e-mail questionnaire. Results showed that while majority of the states are meeting their own state guidelines, having uniformity amongst the states could strengthen the nutrition education program for older adults receiving congregate or home delivered nutrition services within Region V.<br>Department of Family and Consumer Sciences