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Distributed for Purich Publishing

Aboriginal Law, Fourth Edition

Commentary and Analysis

Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.

443 pages


Table of Contents

PREFACE

Chapter One: Aboriginal Rights

1.1 INTRODUCTION

1.2 SECTION 35

1.2.1 History

1.2.2 Subsection 35(1)

1.2.3 Subsection 35(2) – Aboriginal Peoples of Canada

1.2.4 Subsection 35(3) – Modern Treaty Rights and Land Claims Agreements

1.3 ABORIGINAL RIGHTS

1.3.1 Definition

1.3.2 Establishing an Aboriginal Right – The Van der Peet Test

1.3.3 Proof and Evidentiary Issues

1.3.4 Extinguishment

1.3.5 Infringement

– 1.3.5.2 Unreasonable Limitation

– 1.3.5.3 Undue Hardship

– 1.3.5.4 Preferred Means

1.3.6 Justification of Infringement

– 1.3.6.2 Compelling and Substantial Objective

– 1.3.6.3 Honour of the Crown

1.4 SECTION 25, CANADIAN CHARTER OF RIGHTS AND FREEDOMS

1.5 INDIVIDUAL AND COLLECTIVE RIGHTS

1.6 SELF GOVERNMENT

– 1.6.1.1 R. v. Pamajewon

– 1.6.1.2 Campbell v. B.C.

– 1.6.1.3 Mitchell v. Canada (Min. of National Revenue)

1.6.2 Implementing Self-Government

– 1.6.2.1 Dogrib Treaty 11 Council

– 1.6.2.2 Mohawks of Kanesatake

– 1.6.2.3 Sechelt Indian Band Self-Government Act

– 1.6.2.4 Cree-Naskapi (of Quebec) Act

– 1.6.2.5 Yukon Territory

– 1.6.2.6 Westbank First Nation Self-Government Act

1.6.3 Indian Act

– 1.6.3.1 Legal Status of Indian Band Councils

1.7 INTERNATIONAL LAW

1.7.1 United Nations Declaration on the Rights of Indigenous Peoples

Chapter Two: Aboriginal Title

2.1 INTRODUCTION

2.2 HISTORICAL ASPECTS OF ABORIGINAL TITLE

2.2.1 Royal Proclamation of 1763

2.2.2 Early United States Case Law

2.2.3 Pre-Delgamuukw Canadian Case Law

2.3 ABORIGINAL TITLE

2.3.

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