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You searched for +publisher:"University of Saskatchewan" +contributor:("Henderson, James [Sakej]"). Showing records 1 – 3 of 3 total matches.

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University of Saskatchewan

1. Omani, Leo Joseph. Perspectives of Saskatchewan Dakota/Lakota Elders on the treaty process in Saskatchewan.

Degree: 2010, University of Saskatchewan

This ethnographic dissertation study contains a total of six chapters. Chapter One provides an introduction to the topic, “Perspectives of Saskatchewan Dakota/Lakota Elders on the Treaty Process within Canada.” It also discusses the following: the purpose of the study; the rationale & justification for an interdisciplinary approach; the research methodology; the definition of terms; the limitations of the study; assumptions; and the ethical protocols applicable to this study. Chapter Two provides a review of literature pertaining to the various theoretical and methodological considerations to be addressed within this study. These include the traditional “Rankean approach” to the study of history; that termed within Western academia as “Oral History,” combined with that termed as “Oral Tradition;” that termed as “Dakota Oral Tradition;” and that termed within Western academia as “Outsider vs. Insider Research.” Chapter Three provides a review of the history of the treaty negotiation processes that occurred both in the United States and Canada and concludes with an analysis of research findings to date. Chapter Four reviews previously written documentation pertaining to the Dakota/Lakota treaty negotiation process within Canada and concludes with an analysis of research findings to date. Chapter Five discusses in detail the data collection process employed for this study. In addition, the data generated from the interviews with the Saskatchewan Dakota/Lakota Elders regarding their perspectives on treaty are presented. Chapter Six provides a synthesis and analysis of research findings for the data collected from the Saskatchewan Dakota/Lakota Elders during the interview process. In addition, an epilogue is provided regarding the implications of the research for the treaty negotiation process of the Dakota/Lakota people within Canada. In this way the findings of the study are placed within the context of the Native-White treaty relationship currently evolving and being negotiated within the province of Saskatchewan. Recommendations are also presented to assist and enhance the contemporary political and legal position of the Dakota/Lakota First Nations within Saskatchewan in their efforts to either sign adhesion to the Numbered Treaties, or to adhere to an alternate treaty protocol agreement with the Canadian federal government, which would include provisions regarding land, as well as related treaty benefits and annuities. Advisors/Committee Members: Cottrell, Michael, Marino, Mary, Carr-Stewart, Sheila, King, Cecil, Henderson, James Sakej Youngblood, Laliberte, Ron.

Subjects/Keywords: Native-Newcomer relations; Aboriginal/ First Nations history Canada/U.S.A.; Dakota/Lakota Elders' oral testimony; treaty process in Saskatchewan

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Omani, L. J. (2010). Perspectives of Saskatchewan Dakota/Lakota Elders on the treaty process in Saskatchewan. (Thesis). University of Saskatchewan. Retrieved from http://hdl.handle.net/10388/etd-04122010-144821

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Omani, Leo Joseph. “Perspectives of Saskatchewan Dakota/Lakota Elders on the treaty process in Saskatchewan.” 2010. Thesis, University of Saskatchewan. Accessed July 24, 2019. http://hdl.handle.net/10388/etd-04122010-144821.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Omani, Leo Joseph. “Perspectives of Saskatchewan Dakota/Lakota Elders on the treaty process in Saskatchewan.” 2010. Web. 24 Jul 2019.

Vancouver:

Omani LJ. Perspectives of Saskatchewan Dakota/Lakota Elders on the treaty process in Saskatchewan. [Internet] [Thesis]. University of Saskatchewan; 2010. [cited 2019 Jul 24]. Available from: http://hdl.handle.net/10388/etd-04122010-144821.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Omani LJ. Perspectives of Saskatchewan Dakota/Lakota Elders on the treaty process in Saskatchewan. [Thesis]. University of Saskatchewan; 2010. Available from: http://hdl.handle.net/10388/etd-04122010-144821

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

2. Dickson, Jamie. The Honour of the Crown: Making Sense of Crown Liability Doctrine in Crown/Aboriginal Law in Canada.

Degree: 2014, University of Saskatchewan

Simply put, Crown liability doctrine in Crown/Aboriginal Law in Canada is a mess. Demonstrably, there are fiduciary-based duties, fiduciary-based principles, an over-arching honour of the Crown principle, Crown honour-based duties, and a constitutional Crown/Aboriginal “reconciliation” imperative. How the various pieces are meant to fit together is atypically unclear. In this project, Ronald Dworkin’s rights thesis is invoked as a conceptual tool in an attempt to help bring some order to the disarray. It is argued that the Supreme Court of Canada made a fundamental (Dworkinian) mistake in the manner in which they adopted fiduciary concepts into the core of Crown/Aboriginal Law; that this mistake has led to a dysfunctional doctrine; and that the Supreme Court has implicitly acknowledged their error and are now in the process of incrementally mending their materially flawed doctrine. Crown liability doctrine in Crown/Aboriginal Law in Canada is now centrally organized around the principle that the honour of the Crown must always be upheld in applicable government dealings with Aboriginal peoples. Enforceable Crown honour-based “off-shoot” duties operate to regulate the mischief of Crown dishonour in constitutional contexts. The Supreme Court has now stated that a (non-conventional and fundamentally unresolved) Crown/Aboriginal fiduciary obligation is one such “off-shoot” duty. This emergent “essential legal framework” is meant to protect and facilitate the over-arching project of reconciling the pre-existence of Aboriginal societies with the de facto sovereignty of the Crown, which reconciliation project, it is argued here, is to be fundamentally undertaken by the executive and legislative branches of government working collaboratively with Aboriginal peoples. The judicial branch of government is then largely limited to the more modest task of regulating the mischief of constitutional Crown dishonour. This project ultimately purports to theorize this relatively new Crown honour-based framework, and to conceptualize what residual role there is for fiduciary accountability to play in applicable Crown/Aboriginal contexts moving forward. It is concluded there is likely only a narrow jurisdiction remaining for fiduciary accountability in Crown/Aboriginal contexts, which jurisdiction appears destined to take the form of conventional fiduciary doctrine which, as will be demonstrated, has itself been fundamentally reconfigured in recent years. Advisors/Committee Members: Newman, Dwight, Findlay, Isobel, Henderson, James [Sakej], Slattery, Brian.

Subjects/Keywords: Key Word One: Crown; Key Word Two: Aboriginal; Key Word Three: Honour; Key Word Four: Fiduciary; Key Phrase One: The Honour of the Crown.

…Just Society (Saskatoon: University of Saskatchewan Native Law Centre, 2006) [… 

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Dickson, J. (2014). The Honour of the Crown: Making Sense of Crown Liability Doctrine in Crown/Aboriginal Law in Canada. (Thesis). University of Saskatchewan. Retrieved from http://hdl.handle.net/10388/ETD-2014-01-1379

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Dickson, Jamie. “The Honour of the Crown: Making Sense of Crown Liability Doctrine in Crown/Aboriginal Law in Canada.” 2014. Thesis, University of Saskatchewan. Accessed July 24, 2019. http://hdl.handle.net/10388/ETD-2014-01-1379.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Dickson, Jamie. “The Honour of the Crown: Making Sense of Crown Liability Doctrine in Crown/Aboriginal Law in Canada.” 2014. Web. 24 Jul 2019.

Vancouver:

Dickson J. The Honour of the Crown: Making Sense of Crown Liability Doctrine in Crown/Aboriginal Law in Canada. [Internet] [Thesis]. University of Saskatchewan; 2014. [cited 2019 Jul 24]. Available from: http://hdl.handle.net/10388/ETD-2014-01-1379.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Dickson J. The Honour of the Crown: Making Sense of Crown Liability Doctrine in Crown/Aboriginal Law in Canada. [Thesis]. University of Saskatchewan; 2014. Available from: http://hdl.handle.net/10388/ETD-2014-01-1379

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

3. Bitternose, Leah. Kihci-Asotamâtowin (The Treaty Sovereigns' Sacred Agreements) and The Crown's Constitutional Obligations to Holders of Treaty Rights through Consultation and Restoration of Treaty Constitutionalism.

Degree: 2014, University of Saskatchewan

ABSTRACT The purpose of this thesis is to assess the Crown’s Constitutional duty of consultation and its application on the holders of Treaty rights. Indigenous legal and Constitutional orders are the underpinning of the consensual Treaties. They were negotiated by sovereign nations through mutual consent and established a distinct Constitutional authority establishing rights, responsibilities and rules of coexistence. Their implementation is a Crown Constitutional obligation. This thesis argues that the duty to consult jurisprudence reveals systemic colonial problems in the common law Treaty rights paradigm by colonial interpretation, unilateral abridgement and justified infringement of the consensual Treaty. Further, judicial and politically created doctrines of the honour of the Crown and reconciliation are rendered meaningless when used as part of the ongoing colonial paradigm and abridgement of Treaties. This thesis argues that Canada must enter a post-colonial era by giving content to Indigenous legal and Constitutional orders by implementing Treaty through Treaty Constitutionalism. This requires Canada to undertake a Constitutional paradigm shift to accord the sacred and inviolable Treaties their proper place as foundational instruments in the building of Canada. This means, as well, that the only forum for proper consultation on the numbered Treaties is through Constitutional conferences with full and equal participation of Treaty First Nations. Advisors/Committee Members: Henderson, James Sakej Y., Zlotkin, Norman, Newman, Dwight, Von Tigerstrom, Barbara, Coyle, Michael.

Subjects/Keywords: Kihci-Asotamâtowin; The Treaty Sovereigns' Sacred Agreements; The Crown's Constitutional Obligations; Treaty Rights; Treaty Constitutionalism

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Bitternose, L. (2014). Kihci-Asotamâtowin (The Treaty Sovereigns' Sacred Agreements) and The Crown's Constitutional Obligations to Holders of Treaty Rights through Consultation and Restoration of Treaty Constitutionalism. (Thesis). University of Saskatchewan. Retrieved from http://hdl.handle.net/10388/ETD-2014-04-1536

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Bitternose, Leah. “Kihci-Asotamâtowin (The Treaty Sovereigns' Sacred Agreements) and The Crown's Constitutional Obligations to Holders of Treaty Rights through Consultation and Restoration of Treaty Constitutionalism.” 2014. Thesis, University of Saskatchewan. Accessed July 24, 2019. http://hdl.handle.net/10388/ETD-2014-04-1536.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Bitternose, Leah. “Kihci-Asotamâtowin (The Treaty Sovereigns' Sacred Agreements) and The Crown's Constitutional Obligations to Holders of Treaty Rights through Consultation and Restoration of Treaty Constitutionalism.” 2014. Web. 24 Jul 2019.

Vancouver:

Bitternose L. Kihci-Asotamâtowin (The Treaty Sovereigns' Sacred Agreements) and The Crown's Constitutional Obligations to Holders of Treaty Rights through Consultation and Restoration of Treaty Constitutionalism. [Internet] [Thesis]. University of Saskatchewan; 2014. [cited 2019 Jul 24]. Available from: http://hdl.handle.net/10388/ETD-2014-04-1536.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Bitternose L. Kihci-Asotamâtowin (The Treaty Sovereigns' Sacred Agreements) and The Crown's Constitutional Obligations to Holders of Treaty Rights through Consultation and Restoration of Treaty Constitutionalism. [Thesis]. University of Saskatchewan; 2014. Available from: http://hdl.handle.net/10388/ETD-2014-04-1536

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

.