The Scow Institute is currently focusing on legal issues that affect Aboriginal people and has commissioned the following research papers on these important issues:
Aboriginal Self-Government
• Overview of Aboriginal Self-Government
• What is Aborginal Self-Government
• Why Aborginal Self-Government
• Comparative Aborginal Self-Governance New!
http://www.scowinstitute.ca/library/selfgovernment.html
Taxation of Aboriginal People
Do Aboriginal people pay Income Tax? Just like other Canadians, most Aboriginal people have to pay income tax every year. But there are some exceptions which are discussed in this paper.
http://www.scowinstitute.ca/library/documents/3Incometax.PDF
http://www.scowinstitute.ca/library/documents/rp2tax.PDF
Fiduciary Duty of First Nation Leaders – Political and Fiscal Accountability of Band Governments
This paper discusses the legal and other mechanisms to ensure the political and fiscal accountability of Aboriginal governments which are also known as band governments or band councils.
http://www.scowinstitute.ca/library/documents/5Accountabil.PDF
http://www.scowinstitute.ca/library/documents/rp3acctbty.PDF
Aboriginal Courts in Canada New!
The paper looks at the jurisdiction of Aboriginal Courts, existing Aboriginal Courts and related issues.
http://www.scowinstitute.ca/library/documents/Aboriginal_Courts_Fact_Sheet.pdf
http://www.scowinstitute.ca/library/documents/Aboriginal_Courts.pdf
Aboriginal People’s Rights to Natural Resources
• Update: Forests Aboriginal Rights and Title New!
• Aboriginal People’s Rights to Natural Resources (Forests) in BC
• Rights and title on context of the BC Forestry Regime
http://www.scowinstitute.ca/library/resourcerights.html”>Index of documents]
Aboriginal People’s Rights to Fish in British Columbia
Aboriginal peoples have a long history of using and managing the fisheries in what is now British Columbia. This history provides the underlying foundation for Aboriginal claims to the fisheries.
http://www.scowinstitute.ca/library/documents/RightstoFishFacts.pdf http://www.scowinstitute.ca/library/documents/Aboriginal_Fishing_Rights.pdf
Metis Aboriginal Rights
The Metis are an Aboriginal people of Canada and are distinct from the Indians and the Inuit. This paper discusses the legal criteria used to determine who is Metis as well as the Metis Nation and homeland.
http://www.scowinstitute.ca/library/documents/MetisFactSheet.pdf http://www.scowinstitute.ca/library/documents/MetisResearchPaper.pdf
Elderlaw: Relationship and Relevance to the Needs of Aboriginal Elders New!
The paper focuses on four issues in the new field of “Elderlaw”: supportive housing, adult guardianship, adult protection from abuse / neglect and wills / estates.
http://www.scowinstitute.ca/library/documents/Elderlaw_Fact_Sheet.pdf http://www.scowinstitute.ca/library/documents/Elderlaw_Paper.pdf
Rights Of Aboriginal Women
This paper discusses the history and current issues related to the rights of Aboriginal women on and off Reserve.
http://www.scowinstitute.ca/library/documents/RightsofWomenFacts.pdf http://www.scowinstitute.ca/library/documents/RPRightsofWomen.pdf
Matrimonial Property on Reserve in Canada New!
This paper examines the Indian Act, provincial family laws and the case law regarding matrimonial property. It also looks at pre-contact status of traditional property rights and divorces, imposition of colonization, and ongoing impacts on Aboriginal communities. Finally it look at options and initiatives for future directions.http://www.scowinstitute.ca/library.html# http://www.scowinstitute.ca/library.html#
Intellectual Property and Aboriginal Peoples: Conflict or Compromise? New!
This is an introduction to the national and international framework for the protection of intellectual property rights; it discusses their importance to the experiences of Aboriginal peoples in Canada and worldwide.
http://www.scowinstitute.ca/library/documents/Intellectual_Property_Rights_Fact_Sheet.pdf http://www.scowinstitute.ca/library/documents/Intellectual_Property_Rights_Paper.pdf
The Non-Protection Of Canadian Aboriginal Heritage Sites
This paper discusses the difference between burial grounds and cemeteries, the collection and study of burial ground artifacts and the protection of Aboriginal burial grounds.
http://www.scowinstitute.ca/library/documents/HeritageSitesFacts.pdf http://www.scowinstitute.ca/library/documents/RPHeritageSites.pdf
For more information on related issues contact Pushor Mitchell partner Theresa Arsenault at: [email protected] or (250) 869-1110