CONFERENCE SPEAKERS
Dr. Brian Ballantyne is in-house counsel at Challenger Geomatics Limited, focusing on land tenure issues such as riparian rights, aboriginal title, land registry systems, land assessment and survey law. He has degrees in law, environmental ethics, surveying and geography, and has worked with the City of Calgary, the British Columbia Institute of Technology, the University of Calgary and the University of Otago (New Zealand).
He is currently advising the Teslin Tlingit Council and the Tr'ondek Hwech'in First Nation on enhancing their land registries pursuant to their Land Claim Agreements, has been retained as an expert witness on the Pigeon Lake Indian Reserve litigation, and is leading a course on land valuation and taxation for a group of Russian land administrators. He has assisted lawyers with litigation on the riparian boundary of a Fraser River Indian Reserve, and with negotiations involving services across the Tsuu T'ina Indian Reserve. Publications include: Property rights study for Nunavut, Technical Report to NRCan, 2003; Yukon First Nation land registry design study, Technical Report to DIAND, 2002; 'Aboriginal title to the New Zealand foreshore', article in a Special Issue of Asia-Pacific Viewpoint, 1996. Finally, he continues to present seminars on riparianism as it applies to Indian reserves, fiduciary duty, and aboriginal title to various groups of land surveyors, lawyers, and government land administrators.
Paul L.A.H. Chartrand, I.P.C., is Professor of Law, College of Law, University of Saskatchewan. Having taught in Australia, New Zealand, and the United States, he has been an advisor to Aboriginal and government organizations, and a representative of the Metis National Council to the United Nations. He was the first President and CEO of the Institute on Indigenous Government, and served as a commissioner of the Royal Commission on Aboriginal Peoples (1991-1995). In 2002 he was awarded the title of Indigenous Peoples Counsel by the Indigenous Bar Association. Recent publications include:
“Canada and the Aboriginal Peoples: From Dominion to Condominium,” in Leslie Seidle (ed.), Parliamentary Government at the Millennium: Continuity and Change in Westminster Systems(Kingston: McGill-Queen’s University Press, 2003), in press.
[ed.] Who Are Canada’s Aboriginal Peoples? Recognition, Definition, Jurisdiction (Saskatoon: Purich Publishing Ltd., 2002)
“Aboriginal Peoples in Canada: Aspects for Distributive Justice as Distinct Peoples” in Paul Havemann (ed.), Indigenous Peoples’ Rights in Australia, Canada and New Zealand (Auckland: Oxford University Press,1999), 88-107.
“Aboriginal Self-Government: Towards a Vision of Canada as a North American Multinational Country,” in Jill Oakes and Rick Riewe (ed.), Issues in the North (Winnipeg. Canadian Circumpolar Institute and Department of Native Studies, University of Manitoba, Occasional Publication Number 41, 1997), vol. 2 (ISBN 1-896445-04-07).
"Self-Determination Without a Discrete Land Base?" in D. Clark and R. Williamson (ed.), Self-Determination: International Perspectives ( London: Macmillan, 1996).
“Aboriginal Self-Government: The Two Sides of Legitimacy,” in Susan D. Phillips (ed.), How Ottawa Spends: A More Democratic Canada..? 1993-1994
(Ottawa: Carleton University Press,1993), 231-256.
Royal Commission on Aboriginal Peoples, Report of the Royal Commission onAboriginal Peoples, 5 vols. (Ottawa: Minister of Supply and Services, 1996), ISBN 0-660-16413-2. [Vol.2 deals with self-determination and self-government in Canada.]
Anthony James Hall is Coordinator of Globalization Studies and Associate Professor of Political Science, University of Lethbridge, Alberta. He has prepared briefs for the Canadian parliament and federal task forces, and the Assembly of First Nations, and has given expert testimony on Native rights issues in Canada and the United States. He is a long established writer on Aboriginal issues for numerous journals and magazines. His forthcoming book (Autumn 2003) is the first of several volumes on his project entitled "The Bowl With One Spoon." Recent publications in the area include:
The American Empire and the Fourth World (Kingston: McGill-Queen's University Press, 2003).
"Native Activism," in Canada, Confederation to the Present: An Interdisciplinary History of Canada, ed. Bob Hesketh and Chris Hackett (Edmonton Chinook Media: CD-ROM, 2001).
"Splitting the Sky, Red Tories, Red Power: Then Protection of Indian Rights and the Security of the Canadas, in Searching for Canada: The Red Tory Journey, ed. Archbishop Lagar Puhalo (Dewdney BC: Synaxis Press, 2000), 29-69.
"Blind Spots," in An Examination of the Federal Government's Response to the Report of the Royal Commission on Aboriginal Peoples (Ottawa: Aboriginal Rights Coalition, 2001), 66-80.
"Indian treaties," in The Canadian Encyclopedia (Toronto: McClelland Stewart, 1996).
Dr. Douglas Harris is Assistant Professor, Faculty of Law, University of British Columbia, Vancouver. He received his LL.B. at the University of Toronto (1993), his LL.M. at the University of British Columbia, and is currently completing his doctoral dissertation at Osgoode Hall Law School, York University, on "Contested Fisheries: The Legal Geography of Aboriginal Rights to Fish in British Columbia." Recent, relevant publications include:
Fish, Law, and Colonialism: The Legal Capture of Salmon in British Columbia
(Toronto: University Press, 2001).
"Territoriality, Aboriginal Rights, and the Heiltsuk Spawn-on-Kelp Fishery,"
(2000) 34 UBCLR 195-238.
"The Nlha7kapmx Meeting at Lytton, 1879, and the Rule of Law," (1995-96) 108
B.C. Studies 5-25.
"Indian Reserves, Aboriginal Fisheries and Anglo-Canadian Law, 1876-1882,"
in John McLaren (ed.), Property Rights in the Colonial Imagination and
Experience (submitted November 2002 to UBC Press).
Peter W. Hutchins, senior partner in Hutchins, Soroka & Grant of Montreal and Vancouver, is one of Canada's foremost litigators of Native law cases. Interested in the marriage between history and law in Native cases, he conducts a national Aboriginal law practice from negotiation to litigation for Aboriginal communities across Canada. He was a negotiator for the James Bay and Northern Quebec Agreement of the early 1970s, and participated in the history of its implementation, was a special advisor on Aboriginal Self-Government to the Minister of Indian Affairs in the 1980s, and special envoy for the National Mohawk Chief and chief negotiator in the 1990 Quebec crisis, and has appeared before the United Nations Human Rights Commission and the Inter-American Commission on Human Rights. Establishing treaty negotiating positions for Aboriginal peoples, Hutchins has drafted legislation and advised federal and territorial governments on Aboriginal governance and treaty implementation issues. Litigating historic and contemporary treaties, Aboriginal rights and title, human rights, and environmental, constitutional and international law issues at both the trial and appellate levels, federal and provincial, his major cases include the Bear Island Foundation, Friends of the Oldman River Society, Coon Come, James Bay, Adams, Flett, Nikal, Mitchell, and Peter Paul cases, as well as Delgamu'ukw. He is currently chief negotiator and legal counsel for First Nations in Ontario, and legal counsel for Treaty negotiations in Labrador and British Columbia.
On the academic side, Hutchins created the "Aboriginal Peoples and the Law" course at the Faculty of Law, McGill University, in 1980, which he taught until 1996. His writings include papers and articles on the Canadian Constitution, treaty and land settlements, natural resources development, environmental and family law, and Aboriginal issues in international and cross-border constructs. His most recent published paper is "From Calder to Mitchell: Should the Courts Patrol Cultural Borders?" 16 Supreme Court Law Review, 2nd series (2002).
Kenichi Matsui has just completed his Ph.D in History this past April at the University of British Columbia, Vancouver. His dissertation was "Reclaiming Indian Waters: Dams, Irrigation, and Indian Water Rights in Western Canada, 1858-1930." His M.A. was taken in History at Arizona State University (1996), where his thesis was "Americanizing Indian Water: Agrarianism and Irrigation Projects at Navajo, Salt River and Fort McDowell." Recent paper presentation and publications include:
"The Ainu People and the Nibutani Dam Case," presented at the Vision in Shared Management Conference at Mt. Currie, British Columbia, 8 May 2003.
"Anatomy of Indian Conflict: Water Rights in the Southern Interior,²
presented at the BC Studies Conference, Vancouver, 3 May 2003.
[with Keith Carlson and Melinda Jétte] "An Annotated Bibliography of Major
Writings in Aboriginal History, 1990-99," Canadian Historical Review, 82:1 (March 2001): 122-171.
"Water Rights and Irrigation for Native people in southern Alberta," CINSA
Annual Meeting at Edmonton, Alberta, 29 May 2000.
"Indian Water Policies in Central Arizona: Native American Communities,
Salt River Project and the Central Arizona Project," presented at the
American Society for Ethnohistory Annual meeting, 7 November 1996.
"Navajo Indian Irrigation Project and American Agrarianism," presented at
the Navajo Studies Conference in Durango, Colorado, 12 April 1996.
Kent McNeil is Professor of Law, Osgoode Hall Law School, York University, Toronto. A former research director of the Natïve Law Centre at the University of Saskatchewan, his research has focussed on the rights of Indigenous peoples in Canada, Australia, and the United States. He has also consulted on Aboriginal and Treaty rights in the environmental assessment of hydroelectric development and Aboriginal land claims. His relevant publications include:
"Extinguishment of Aboriginal Title in Canada: Treaties, Legislation, and Judicial Discretion," (2002) 33 Ottawa Law Review 301-46.
"Self-Government and the Inalienability of Aboriginal Title," (2002) 47 McGill Law Journal 473-510.
Emerging Justice? Essays on Indigenous Rights in Canada and Australia. (Saskatoon: University of Saskatchewan Native Law Centre, 2001).
Defining Aboriginal Title in the 90's: Has the Supreme Court Finally Got It Right? (Toronto: Robarts Centre for Canadian Studies, York University, 1998).
"The Meaning of Aboriginal Title", in Michael Asch (ed.), Aboriginal and Treaty Rights in Canada: Essays on Law, Equality and Respect for Difference (Vancouver: U.B.C. Press, 1997), 135-54.
Common Law Aboriginal Title (Oxford: Clarendon Press, 1989).
J. R. (Jim) Miller, FRSC, is a Canada Research Chair in Native-Newcomer Relations, and Professor of History, University of Saskatchewan, Saskatoon. His work has focussed on Aboriginal treaties, government, and church relations. He has just published an edition of George Woodcock's biography of Gabriel Dumont: The Metis Chief and His Lost World (2003), and has in press essays on "Aboriginal Policy and People (Canada)," and "Petitioning the Great White Mother: First Nations' Organizations and Lobbying in London." His recent relevant publications include:
Canada’s Conundrum: Issues in Native-Newcomer Relations. Toronto: McClelland and Stewart, in press for 2004).
Reflections on Native-Newcomer Relations: Selected Essays (Toronto: University of
Toronto Press, in press for 2004).
[with Arthur J. Ray and Frank Tough], Bounty and Benevolence: A History of
Saskatchewan Treaties (Montreal and Kingston: McGill-Queen’s University Press, 2000).
Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada, 3rd ed.
(Toronto: University of Toronto Press 2000).
“Indian Treaties in Canada,” and “Royal Proclamation of 1763,” Encarta 2000.
Canada and the Aboriginal Peoples, 1867-1927 (Ottawa: Canadian Historical
Association, 1997).
Dr. Nicolas Peterson is Reader in Anthropology in the School of Archaeology and Anthropology, Australian National University, since 1988. He won the Lucy Mair Medal for Applied Anthropology by the Royal Anthropological Institute of Great Britain and Ireland for
contributing to "facilitating the recognition of Aboriginal rights in Australia, supported by rigorous anthropological scholarship." Recent publications include:
[With Bruce Rigsby] Customary marine tenure in Australia (Sydney: Oceania Monograph No 48, 1998).
[Edited with W. Sanders] Citizenship and Indigenous Australians: changing conceptions and possibilities (Cambridge: Cambridge University Press, 1998).
[in collaboration with J. Long] Aboriginal territorial organization: a band perspective. Sydney: Oceania Monograph No. 30, 1986).
Nine major land claim and native title field work based anthropological reports documenting the systems of tenure from the Torres Strait to southern Australia.
Arthur J. Ray, FRSC, is Professor of History, University of British Columbia, Vancouver. Co-Editor of the Canadian Historical Review, he has held consultancies for Aboriginal land claims in Ontario, Saskatchewan, Alberta, and British Columbia, and has served as an expert witness in several Native cases including Delgamu'uk. He held a Canada Council National Killam Research Fellowship in 200-2002, and his book I Have Lived Here Since the World Began (1996) has won several honours. Relevant publications include:
"Native History on Trial: Confessions of An Expert Witness,’ Canadian Historial Review (forthcoming, June 2003).
"Aboriginal title and treaty rights research: A comparative look at Australia, Canada, New
Zealand, and the United States,’ New Zealand Journal of History (forthcoming, 34:l, 2003).
"Regina v. Marshall: Native History, the Judiciary, and the Public," Acadiensis, XXIX
(Spring 2000).
[with Jim Miller and Frank G. Tough] Bounty and Benevolence: A History of Saskatchewan Treaties (Kingston and Montreal: McGill-Queen’s University Press, 2000).
"Treaty 8: An Anomaly of the First Nations History of British Columbia,"BC Studies, no.
123 (Autumn 1999): 5-58.
Indians in the Fur Trade, 2nd ed. (Toronto: University of Toronto Press, 1998).
I Have Lived Here Since the World Began (Toronto: Key Porter & Lester, 1996 [Second
Printing 2002].
"The Historical Geographer and the Gitksan and Wet'suwet'en Comprehensive Claim: the
role of the expert witness," in Garth Cant et al. (eds.), Indigenous Land Rights in commonwealth Countries: Dispossession, Negotiation and Community Action (Christchurch, N.Z.: Dept. of Geography, University of Canterbury and the Ngai Tahu Maori Trust Board for the Commonwealth Geographical Bureau, 1993): 81-87.
"Creating the Image of the Savage in Defense of the Crown: The Ethnohistorian in
Court," Special Issue, Native Studies Review 6:2 (1993): 13-28.
The Fur Trade in the Industrial Age (Toronto: University of Toronto Press, 1990 [1974].
[with C. Judd] (ed.), Old Trails and New Directions: Papers of the Third North American
Fur Trade Conference, Toronto: University of Toronto Press, 1980).
[with D. B. Freeman] Give us Good Measure: An Economic Analysis of Relations
between the Indians and the Hudson's Bay Company before 1763 (Toronto: University of Toronto Press, 1978).
[with C. Heidenreich] The Early Fur Trades: A Study in Cultural Interaction (Toronto:
McClelland and Stewart, 1976).
Bruce Rigsby is Emeritus Professor of Anthropology, School of Social Science, The University of Queensland, Australia. He has written reports for tribal councils, and given expert opinion in the Mabo and Delgamu'uk cases. Recent publications include:
"Anthropologists, Land Claims and Objectivity: Some Canadian and
Australian Cases", in J. Finlayson and D.E. Smith (eds.), Native Title: Emerging Issues for Research, Policy and Practice, Research Monograph No. 10 (Canberra: Centre for Aboriginal Economic Policy Research, Australian National University, 1995), 23-38.
"Anthropologists, Indian Title and the Indian Claims Commission: the California and Great Basin Cases", in D.E. Smith and J. Finlayson (eds.), Fighting Over Country: Anthropological Perspectives, Centre for Aboriginal Economic Policy Research Monograph 12 (Canberra: Centre for Aboriginal Economic Policy Research, Australian National University, 1997), 15-45.
[with Nicolas Peterson and Bruce Rigsby, eds.] Customary Marine Tenure in
Australia, Oceania Monograph 48 (Sydney: University of Sydney, 1998).
[with J.D. Finlayson, B. Rigsby and H. Bek, eds.], Connections in Native Title:
Genealogies, Kinship and Groups, CAEPR Research Monograph No. 13 (Canberra: Centre for
Aboriginal Economic Policy Research, Australian National University, 1999).
"Aboriginal People, Spirituality and the Traditional Ownership of Land,"
International Journal of Social Economics, 26:7/8/9 (1999): 963-973.
Jacinta Ruru (LLM (Otago), BA (Wellington)) is a Law Lecturer at the University of Otago, Dunedin, New Zealand. She is of Maori and Pakeha descent. Her LLM thesis entitled "Te Tiriti o Waitangi and the Management of National Parks in New Zealand," received the Inaugural Maori Academic Excellence Award for Law 2002. Recognised as an emerging leader, she received a Fulbright Travel Award which enabled her to travel through the United States in 2002 talking on indigenous rights issues. She is a director on the Ngai Tahu Maori Law Centre Board, and is a New Zealand Law Society Maori women representative. Recent publications include:
Meetings as required for Maori Land owners by Te Ture Whenua Maori Act 1993 (Wellington: Legal Services Agency and the Ngai Tahu Maori Law Centre, 2003).
Rights and Obligations of Trustees and Beneficiaries of Maori Land, (Legal Services Agency and the Ngai Tahu Maori Law Centre,
Wellington, 2003).
[with Nicola Wheen] "Chapter Six: Environmental
Management Reports," in The Waitangi Tribunal, ed. Janine Hayward and
Nicola Wheen (Wellington: Bridget Williams Books, submitted October
2002).
"Chapter 14: Implications for Maori: Historical Overview," and
"Chapter 15: Implications for Maori: Contemporary Legislation," in
Family Property of Death, ed Nicola Peart et al (Wellington:
Brookers, submitted September 2003).
"SILNA Forests 2002 Policy: a so-called balanced
solution," Butterworths Resource Management Bulletin, 4 (December,
2002): 185-188.
"Managing private land for the public benefit: the Tutae-Ka-Wetoweto Forest Act 2001," Butterworths Resource Management Bulletin, 4 (February, 2002): 105 - 108.
"Legislative Provision for Tino Rangatiratanga: A National Park Case Study," in Te Purenga, ed. Stephanie Milroy and Ani Mikaere
(Wellington: Huia Publishers, submitted September 2001).
Rebecca Tsosie is Lincoln Professor of Native American Law and Ethics, and Executive Director of the Indian Legal Program at Arizona State University, Tempe. She received her J.D. from the UCLA School of law in 1990, clerked with the Arizona Supreme Court, served as a Supreme Court Justice for the Fort McDowell Yavapai Nation, and was a recipient of the American Bar Association's 2002 Spirit of Excellence Award. Relevant publications include:
"The Challenge of 'Differentiated Citizenship': Can State Constitutions Protect Tribal Rights?" Montana Law Review (2003, in press).
"Tribalism, Constitutionalism, and Cultural Pluralism: Where do Indigenous Peoples Fit Within Civil Society?" 5 University of Pennsylvania Journal of Constitutional Law 357 (January 2003).
"Cultural Sovereignty: Native Rights in the 21st Century, Introduction," 34 Arizona State Law Journal (Spring 2002).
"Reclaiming Native Stories: An Essay on Cultural Appropriation and Cultural Rights," 34 Arizona State Law Journal 299 (Spring 2002).
"Tribal Sovereignty and Intergovernmental Cooperation: Understanding Water Resource Issues in the West," chapter prepared for new edition of Bonnie Colby & John Thorson (eds.), Indian Water Rights: Negotiating the Future.