Native Studies Final PASSED Actual Exam Questions and CORRECT Answers
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Course
Native Studies
Institution
Native Studies
Native Studies Final PASSED Actual
Exam Questions and CORRECT Answers
What is Fiduciary Responsibility, 3 examples - CORRECT ANSWER- • Responsibility
to act in best interest of Aboriginal peoples
• Paternalistic relationship - Crown has discretion to decide what is in best interest of
A...
Native Studies Final PASSED Actual
Exam Questions and CORRECT Answers
What is Fiduciary Responsibility, 3 examples - CORRECT ANSWER✔✔- • Responsibility
to act in best interest of Aboriginal peoples
• Paternalistic relationship - Crown has discretion to decide what is in best interest of
Aboriginal people
• Legal obligation - Crown must uphold to protect indigenous people and their rights
What are Aboriginal Rights (court definition) - CORRECT ANSWER✔✔- • Right includes
right to practice and activities considered to be distinctive to a culture at the time of contact
(inherit right) - ext: fish, hunt, trapping, etc
• Practices/activities central to their way of life - ex: Metis - bison hunt, Inuit - seal hunting
• Test is applied to determine distinctive culture
R v Van der Peet - CORRECT ANSWER✔✔- • Mary Van der Peet of Stolo First Nations
charged for selling salmon without a license
• Van Der Peet argues - selling salmon is current modern manifestations of pre contact
practices
• Found guilty - appealed to Supreme Court and still found guilty: selling salmon not integral
to Aboriginal culture but secondary (fishing: integral; selling, trading: not integral)
Aboriginal title (court definition) - CORRECT ANSWER✔✔- • Royal Proclamation of 1763
first to recognize Aboriginal title - protect indigenous people from encroachment of European
settlers
• Right to exclusive to occupancy of a traditional territory (property right)
• Aboriginal land cannot be sold to just anyone - must be dealt through the Crown
R v Tsil'qhotin - CORRECT ANSWER✔✔- • Indigenous nation residing in central BC -
never signed treaty or land claimed with Crown
• 1980 - Government issued logging permits
• Tsil'qhotin attempted to block logging on their land and also ask for recognition for AB title
- back and forth in court - Court ruled in favour of Tsil'qhotin
, Treaty rights (court definition) - CORRECT ANSWER✔✔- • Involve extinguishment of
land or exhaustion of title and culture (yield, cede, surrender)
• In exchange for: monetary, continue to practice fish, hunting, spiritual practices, self-
government, etc
• From Numbered Treaties to Modern Treaties follow the same guide line with surrendering
land title and exhaustion of culture in exchange for monetary etc but not all treaties are
identical in what was given in exchange for land
R v Marshall - CORRECT ANSWER✔✔- • Mikmaq commercial fishing rights in the East
Coast, Nova Scotia
• Peace and Friendship Treaty - right to trade - Mikmaq interpretation: right to commercial
fishing
• Government argued: Mikmaq did not have right to commercial fishing
• Supreme Court ruled in favour of Mikmaq having the right to commercial fishing
Duty to Consult (court definition) - CORRECT ANSWER✔✔- • Duty to consult and
accommodate - if Government (Crown) wants to infringe on Aboriginal rights, they must
consult and accommodate Aboriginal group in question first
• Fiduciary responsibility and the honour of the Crown
• Duty to consult lies with the Crown and not the third party
Clyde River et al v PGS et al - CORRECT ANSWER✔✔- • Dealt with oil and gas permits in
the high Arctic, Nunavut
• National energy board issued permits for seismic surveys (type of exploration of oil and
gas) - massive impact on fishery affecting creatures living in the ocean caused by impact of
seismic surveys
• Still no decision made to date and resulting in 4 years delay on construction of seismic
surveys
Great Whale River Hydroelectric Project - CORRECT ANSWER✔✔- • In northern Quebec
in Cree and Inuit territory - expansion on James Bay Hydroelectric project to create dams and
flooding areas in the process
• Cree and Inuit people were not happy and suffered from project for their hunting and fishing
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