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Wabanaki

Controversy and Jurisdictional Disputes Regarding Elvers

The controversy over regulating the Passamaquoddy fisheries is part of a larger problem that arises under the Maine Implementation Act. The question is whether the state of Maine has jurisdiction to limit subsistence practices in open waters.

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New Legal Help for Passamaquoddy Juveniles and Young Adults

Pine Tree Legal's Native American Unit has received a federal grant to provide legal help to Indians under the age of 25. This work will cover criminal and delinquency cases in the Passamaquoddy Tribal Court at Indian Township and Pleasant Point. We can also help with other legal problems related to criminal charges. Examples could be:

  • Loss of housing
  • Loss of employment
  • Loss of education, and
  • Other problems caused by criminal convictions or court appearances
  • Race discrimination
  • Misconduct by police or jails
  • Problems in juvenile detention facilities
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2011.1
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Native American Unit Brings Racial Discrimination Case Against DHHS

Wabanaki Legal News, Fall 2010
by: WLN Staff

Maine Human Rights Commission Agrees That Case Worker Discriminated

We are representing a Penobscot woman who had a problem with the Maine Department of Health & Human Services (DHHS). Our client reported that a couple of years ago, a case worker from DHHS visited our client's home. While there, the case worker made several racist remarks. Our client told us that the case worker said that Native people are dishonest.

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2010.2
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New Rules Allow Tribal Members to Gather Plants on National Park Land

New Rules Allow Tribal Members to Gather Plants on National Park Land

Wabanaki Legal News, Fall 2016

By James Mitchell, Esq.

 

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A Criminal History Can Keep You from Crossing the Border

A Criminal History Can Keep You from Crossing the Border

But it May Be Possible to Enter Canada if you Apply for “Rehabilitation”

Wabanaki Legal News, Fall 2016

By James Mitchell, Esq.

 

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A Website to Help Those Who Serve: Stateside Legal

Stateside Legal is a website that Pine Tree Legal Assistance created that has helpful, current, and easy to read information on benefits and laws that affect service members, veterans, and the family members who support them. 

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MITSC Documents Humanitarian Crisis Faced by Wabanaki Tribes Within the State of Maine Due to Maine Indian Claims Settlement Act & Maine Implementing Act Commission Calls for Action To Address Human Rights Crisis

Responding to a request from UN Special Rapporteur on the Rights of Indigenous Peoples James Anaya, the Maine Indian Tribal-State Commission (MITSC) recently submitted a fourteen page letter and twenty-one documents supplementing its original filing of May 16, 2012 asserting that the Maine Indian Claims Settlement Act (MICSA) and Maine Implementing Act (MIA) “have created structural inequities that have resulted in conditions that have risen to the level of human rights violations.” 

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Restorative Justice Practices in Tribal Courts

Tribal courts often operate under a dual justice system. One is based on the American philosophy of retribution and the other is based on an Indigenous philosophy of restoration. The American system is adversarial in nature. One of the primary goals of this system is to impose punishment for violations of the law. This often involves the levying of fines and separation from the community through incarceration.

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It’s Your Money – You Earned It – Now Claim It

Generally Native Americans pay federal income tax on earnings with the exception of income exempt by specific treaty, agreement, or Act of Congress. For example, tribes in Oregon and Washington have fishing rights established by treaties with the U.S., so income from fishing by tribal members is exempt from federal income tax.

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