Aboriginal water rights in Canada : a study of aboriginal title to water and Indian water rights

Type
Book
ISBN 10
0919269230 
LCCN
KE7715.B37 
DDC
346.7104 
Category
Indigenous Law  [ Browse Items ]
Publication Year
1988 
Pages
235 
Abstract
"Considers aboriginal title to water, Indian water rights, the extent to which aboriginal water rights have been validly regulated or abrogated by legislation and examines the manner in which contemporary agreements have provided for aboriginal water rights." - Voila 
Description
Contents
1. Aboriginal water rights -- The significance of water rights to the Aboriginal Peoples -- The impact of settlement and development -- The structure of the study -- 2. Aboriginal title to water -- The scope of Aboriginal Title to Water -- A restraint on water resource projects -- The significance of the settlement of Aboriginal Title -- Summation -- 3. Indian water rights -- The objectives in establishing Indian Reserves in Canada -- Treaties and agreements -- The intent to appropriate Indian Water Rights -- The written terms and reported undertakings -- Indian understanding of the Treaties -- Ascertaining the intent to appropriate Indian Water Rights by treaty or agreement -- Executive appropriation of Indian Water Rights by governments -- The intent to appropriate Indian Water Rights -- British Columbia -- Riparian rights on Indian Reserves -- Summation -- 4. The scope and priority of Indian Water Rights -- Scope -- Right of use -- Pollution -- Not ownership of the water itself -- Priority -- Summation -- 5. Indian ownership of the water-bed and foreshore -- Presumption of riparian ownership of the water-bed and foreshore -- An intention to set apart Indian ownership of the water-bed and foreshore -- The headland to headland dispute: Treaty #3 (1873) -- Rights and powers arising from Indian ownership of the water-bed and foreshore -- Summation -- 6. Consitutitional jurisdiction and protection with respect to Aboriginal Water Rights -- Summation -- 7. The regulation and abrogation of Aboriginal Water Rights: the existence of Aboriginal Water Rights today -- Rules of construction regardings the application of legislation to Aboriginal Water Rights -- Legislation barring accrual of Aboriginal Water Rights -- Indian Reserves -- Aboriginal Water Rights and riparian lands -- Eastern Canada: Indian Water Rights substantially unimpaired -- No vesting of government ownership or administration of water resources: Southern Quebec, New Brunswick, Prince Edward Island -- Southern Quebec -- New Brunswick -- Prince Edward Island -- A general abrogation of water rights ultra vires with respect to Indian Water Rights: Nova Scotia, Ontario, Newfoundland -- Nova Scotia -- Ontario -- Newfoundland -- Specific federal-provincial agreements respecting Indian reserve lands: Ontario, Nova Scotia, New Brunswick; no abrogation of Indian Water Rights -- The prairies and the territories: did the federal government intend to abrogate aboriginal rights to appropriate water? -- The North-west Irrigation Act, 1894 -- Were Treaty promises broken? Was the Irrigation Act applicable to Indian Water Rights? -- If the Irrigation Act is held to be applicable to Indian Water Rights -- Provincial regulation of Indian Water Rights Ultra Vires -- The Yukon and the Northwest Territories -- British Columbia -- Did the colony extinguish aboriginal title to water prior to union? -- Did provincial legislation bar the allocation of water rights by Reserve Commissioners? -- A compromise of uncertain rights: federal-provincial arrangements -- Rights to water for hunting, trapping, fishing, and other non-consumptive uses: non subject to regulation or abrogation -- Aboriginal ownership of the water-bed and foreshore -- Federal-provincial agreements -- British Columbia -- Ontario -- The Prairie Provinces -- Water-power -- Federal-provincial agreements -- Summation -- 8. Flooding -- Summation -- 9. Contemporary agreements: the modern "treaties" -- James Bay and Northern Quebec agreement (1975) -- Western Arctic or Inuvialuit Final Agreement (1984) -- Nunavut Agreement-in-Principle (1985) -- Summation -- 10. The future. 
Biblio Notes
Notes:
Prefatory material in English and French.

Includes table of cases.

Includes bibliographic references.  
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