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1	Examining the provisions of section 87 of the Indian Act as a means to promote economic participation and treaty implementation Tait, Myra J 10 April 2017 (has links) Canadian courts, despite recognition in the Canadian Constitution, 1982 that treaties are to govern the Crown-Aboriginal relationship, continue to develop principles of interpretation that narrow Aboriginal and treaty rights, including the taxation provisions of the Indian Act. In Robertson, the Federal Court of Appeal, building on Mitchell v Peguis, articulated a “historic and purposive” analysis, by reliance on a distinctive culture test and an ascribed protection rationale, thereby abrogating the fundamental treaty relationship. As a means to fuller implementation of the spirit and intent of Treaties, taxation provisions must be interpreted in a treaty-compliant manner. The potential for economic participation through a proposed “urban reserve” on the Kapyong Barracks in Winnipeg, Manitoba, as part of a Treaty 1 settlement, is discussed as a case study, and compared with similar developments in New Zealand, under a Waitangi Tribunal settlement, as an example of treaty compliance in economic development. / May 2017 Indian Act section 87 Economic development Tax exemption Numbered Treaties Treaty interpretation Urban reserves Native Leasing Services Kapyong Historic and purposive Waitangi Tribunal
2	Manitoba relationship stories: when First Nations and local governments plan together Koch, Madeleine 25 July 2016 (has links) As First Nations establish new reserves in urban areas, it creates opportunities for “intergovernmental” land use planning relationships between First Nations and adjacent local governments. However, at present, limited resources exist to guide practitioners through these new relationships. This research explores the practical realities of intergovernmental planning in Manitoba, and analyses current practice’s congruence with pre-established principles for a renewed relationship between First Nations and Non-First Nations. Semi-structured interviews were used to collect “practice stories” about practitioners’ grounded experiences with intergovernmental planning work in Manitoba. Findings suggest that relationship building between local governments and First Nations is taking place largely due to the informal initiatives of individual staff, often in absence of formal organizational support. Despite the challenges associated with this work, intergovernmental planning relationships have promising opportunities to bring about mutual benefits for both parties, and to contribute to reconciliation between First Nations and non-First Nations peoples. / October 2016 Manitoba Planning First Nations Local Government Municipalities Reconciliation Relationships Intergovernmental Practice Urban reserves Land use Treaties Practice stories Relationship principles Planners Treaty Land Entitlement

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Examining the provisions of section 87 of the Indian Act as a means to promote economic participation and treaty implementation

Manitoba relationship stories: when First Nations and local governments plan together