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5 Indigenous L.J. 1 (2006)

handle is hein.journals/ilj5 and id is 1 raw text is: The Expectation of Justice
DENJELLE BOISSONEAU-THUNDERCHILD*
I         INTRODUCTION                                                              3
II        GENESIS AND EVOLIUTION OF THE SPECIFIC CLAIMS POLICY                      6
The Institutional Structure: Specific Claims Branch                      12
Criteria for Acceptance of a Claim for Negotiation Under the
Policy                                                                    13
Compensation Criteria under the Policy                                   14
Stages of the Policy                                                      16
Unwritten Compensation Implementation Practices                           19
The Unwritten Requirement of a Modern Surrender                          20
III       FIDUCIARY DUTY, THE HONOLUR OF THE CROWN AND
RECONCILIATION                                                           22
IV        CASE SAMPLES                                                             26
Garden River First Nation's 1987 Settlement                              27
The Lands                                                           27
The Unlawful Alienation                                             28
B.H.J. (University of Regina), LL.B. (University of Toronto), LL.M (University of Ottawa).
Denielle is Anishnabe-Nehiyew. A member of the Garden River (Anishinabe) First Nation in
Ontario, Denielle also spent half her life in Saskatchewan, where her father's family originates
from Thunderchild (Nehiyew) First Nation.
Denielle completed her year of articles with the Indian Claims Commission and continued
on as associate legal counsel after her call to the Law Society of Upper Canada in 2002. While
there, she had the opportunity to work on a number of diverse specific claim issues from
across Canada. In 2004, Denielle began work as a sole practitioner and her law practice has
since focused mainly on specific claims and other First Nation land protection issues.
Denielle is a member of the Law Society of Upper Canada in Ontario and the British
Columbia Law Society. She continues to work for First Nations as a sole practitioner out of
her office located in the Greater Victoria area in British Columbia. She dedicates this article to
her late Uncle Ron and her Auntie Gloria, with love and admiration.
Indigenous Law Journal/Volume 5/Fall 2006

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