The Informit Indigenous Collection provides access to emergent and groundbreaking research within the global community. This database will benefit professionals and researchers involved with Indigenous issues including anthropologists, archaeologists, people working in government departments, health services, legal services, as well as Aboriginal land councils and other Indigenous organisations. [Publisher's description]
This practical "hands-on" guide provides a unique reference work to the law as it affects Aboriginal peoples and organizations, for both lawyers and non-lawyers. Each chapter contains a brief summary of key issues to remember, as well as a bibliography of secondary sources for further in-depth research.
Publication Date: John J. Borrows, Leonard I. Rotman
This casebook surveys the most important issues in Canadian law concerning Aboriginal peoples. The materials also contain insights into questions courts have left unanswered, providing readers with ideas about how the law will develop in the future. Furthermore, the book provides important historical and political context to enable readers who are not familiar with the field to easily navigate its contours and issues.This edition covers the Supreme Court's interpretive approach to modern land claims agreements, development of the duty to consult and accommodate Aboriginal Rights; the extension of Indian status; the Residential School Apology; Indian Act tax exemptions, Constitution Act and Charter implications.
Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly.
Written by a leading Aboriginal law practitioner and acclaimed author, Aboriginal Law, Fifth Edition is a comprehensive, authoritative resource that highlights the most important aspects of Canadian law, its impact on Aboriginal peoples, and their relationship with the wider Canadian society.
Aboriginal Law: Supreme Court of Canada Decisions brings together in a single volume the leading Supreme Court of Canada decisions dealing with section 35 of the Constitution Act , 1982, section 91(24) of the Constitution Act , 1867, and the Indian Act . The full-text of each carefully chosen, landmark decision is presented in its entirety, with an introductory remark by a renowned authority in Canadian Aboriginal law that places each decision into context.A quick and convenient reference whether conducting research, dealing with clients, or learning about this area of law as students, this publication is also an excellent companion volume to Aboriginal Law, Fifth Edition, following the same chapter headings for ease of reference.
Available on eReference on Proview. This landmark text offers the authoritative commentary of recognized Aboriginal law leader Jack Woodward, Q.C. As a practitioner and a law professor, he brings a perspective to the field that is of both practical and academic value. Native Law provides an unparalleled breadth of coverage, across every subject area – from land claims to aboriginal rights and title – relevant to the First Nations, Métis and Inuit peoples of Canada. Complete and continually updated, Native Law is a trusted, key resource for every Aboriginal law office or library.
Available on eReference on Proview. The only publication which addresses procedural issues of Aboriginal and treaty rights litigation. A necessity for anyone litigating Aboriginal cases, Aboriginal & Treaty Rights Practice consolidates, in one place, Canadian Aboriginal and treaty rights procedural and evidentiary law. It contains essential information necessary for identifying the procedural and evidentiary issues unique to this subject area, and reviews how Canadian courts have applied the law. Topics include parties, pleadings, forum, summary proceedings, interlocutory injunctions, certificates of pending litigation and caveats, historical research, discovery and evidence.
Since the Tribal Law Journal's inception, the Tribal Law Journal has become the premier indigenous law journal in the United States and is one of the few international legal journal sources dedicated to indigenous and tribal law. This Journal provides native peoples, practitioners, and law students an opportunity to contribute their work to the discussion relating to internal indigenous law. Contributions include, but are not limited to, tribal court case comments, reflections on tribal systems, the development of tribal law, the value of tribal law, interviews, and teachings.
Assists in the scholarly study of the law, promotes original research & understanding of the civil law & common law systems, & provides a forum for critical analysis of both private & public law issues.
The Indigenous Law Journal is a student-run legal journal at the University of Toronto. We are the first and only Canadian legal journal to exclusively publish articles regarding Indigenous legal issues.
For centuries the Tsilhqot’in Nation, a semi-nomadic grouping of six bands sharing common culture and history, have lived in a remote valley bounded by rivers and mountains in central British Columbia. It is one of hundreds of indigenous groups in B.C. with unresolved land claims. In 1983, B.C. granted a commercial logging licence on land considered by the Tsilhqot’in to be part of their traditional territory. The band objected and sought a declaration prohibiting commercial logging on the land. Talks with the Province reached an impasse and the original land claim was amended to include a claim for Aboriginal title to the land at issue on behalf of all Tsilhqot’in people.
The appellants, all Gitksan or Wet’suwet’en hereditary chiefs, both individually and on behalf of their “Houses”, claimed separate portions of 58,000 square kilometres in British Columbia. For the purpose of the claim, this area was divided into 133 individual territories, claimed by the 71 Houses. This represents all of the Wet’suwet’en people, and all but 12 of the Gitksan Houses. Their claim was originally for “ownership” of the territory and “jurisdiction” over it. (At this Court, this was transformed into, primarily, a claim for aboriginal title over the land in question.) British Columbia counterclaimed for a declaration that the appellants have no right or interest in and to the territory or alternatively, that the appellants’ cause of action ought to be for compensation from the Government of Canada.
The Supreme Court of Canada's decision on aboriginal title in the case of Delgamuukw v. British Columbia was immediately recognized as a landmark judgment. The Court ruled, unanimously and more forcefully than ever before, that Native people have a unique claim to their traditional lands, that provinces don't have the power to arbitrarily extinguish aboriginal title, and that Native oral history is a valid proof of such claims.Triumphantly welcomed by Native leaders and fiercely derided by its critics, the decision has unleashed a storm of controversy among Native and non-Native groups. This book presents the entire text of the Delgamuukw decision. The commentary by Stan Persky provides background information on the Gitxsan-Wet'sewet'en people of British Columbia, who brought the case to court, and analyzes the meaning of the decision.
An archived website of the Aboriginal Healing Foundation that provide resources which will promote reconciliation and encourage and support Aboriginal people and their communities in building and reinforcing sustainable healing processes that address the legacy of physical, sexual, mental, cultural, and spiritual abuses in the residential school system, including intergenerational impacts.
Collections of resources created by or about Aboriginal peoples in Canada from private and government sources, digital copies of these works, virtual exhibitions, finding aids and other tools to locate materials.
Full-text electronic resources such as books, articles, theses and documents as well as digitized materials such as photographs, archival resources, maps, etc. focusing primarily on First Nations and Aboriginals of Canada with a secondary focus on North American materials and beyond.
The Royal Commission on Aboriginal Peoples (RCAP) was established by Order in Council on August 26, 1991, and it submitted its report in October 1996. The RCAP was mandated to investigate and propose solutions to the challenges affecting the relationship between Aboriginal peoples (First Nations, Inuit, Métis), the Canadian government and Canadian society as a whole.
This database provides access to documents, such as intervenor project submissions, publications, research reports and hearing transcripts that supported the writing of the report of the RCAP.
Aboriginal Affairs and Northern Development Canada (AANDC) is one of the federal government departments responsible for meeting the Government of Canada's obligations and commitments to First Nations, Inuit and Métis and for fulfilling the federal government's constitutional responsibilities in the North. Many of these responsibilities are defined by the more than 50 laws and regulations that AANDC administers. The department's programs, services, policies and legislative initiatives help fulfill its responsibilities.