• April 28, 2010 — An update is available. Click on "Updates" below.
• When is consultation required?
• At what stage should consultation occur?
• The importance of non-legal approaches to defining the duty
• How consultation can help build relationships
• The evolving international duty to consult and the UN Declaration on the Rights of Indigenous Peoples

In this book:

•  Scope of the UN Declaration on the Rights of Indigenous Peoples
•  History of negotiations
•  International law and Indigenous peoples
•  A personal perspective on the negotiations
•  Covenant on Civil and Political Rights, and other international agreements

In this book . . .

•  Reconciling the interests of Canada's First Nations and various levels of government
• Gitxsan relationship to the land and their community
• Using oral history to prove land claims

In this book . . .

    • Justice innovations
    • Initiatives in health and education
    • Financing and Intergovernmental relations
    • Aboriginal-municipal relations
    • International perspectives

In this book:

• Theories of justice and constitutional interpretation
• Self-government agreements and the quest for justice
• Alternative justice and sentencing measures
• Applying the Charter of Rights and Freedoms to Aboriginal communities
• Lessons from the application of customary law in Africa
• Reconciling Aboriginal aspirations with Canadian law 
• Justice and Aboriginal women
• Restorative justice and Aboriginal peoples
• Honouring treaties

In this book . . .

What consititutes Indigenous Knowledge
Eurocentric views on what constitutes cultural and intellectual property
The importance of preserving Indigenous languages
The importance of international agreements in advancing Indigenous rights to language, culture, and knowledge
Foreign, national, and provincial legislation and the protection of Indigenous culture and knowledge
Why current intellectual property laws are inadequate to protect Indigenous rights
Proposals for creating a legal regime that will help revive and protect Indigenous knowledge and required consent for its use

In this book...

Kiciwamanawak, my cousin. That is what my Elders said to call you. You have a treaty right to occupy and use this territory. You received that right when my family adopted yours.

In this book...

History of Aboriginal and non-Aboriginal gambling
The evolution of Canadian gaming laws
The influence of US gaming operations
The impact of the Canadian Aboriginal gaming industry
Economic development and Aboriginal casinos
Is gambling an effective economic development tool?

Beginning with an examination of the role gambling and gaming played in pre-contact Aboriginal society, this book traces the history of First Nations gaming institutions nationally. Also examined are legislative attempts to control gambling, the political battles fought in each province to establish Indian run casinos, agreements reached with various governments, the impact of location and management arrangements on the success/failure of casinos, and the challenges facing First Nations gambling institutions.

In this book...

How to deal with troubled youth who fall through the cracks in the health, education, and justice systems
What are the psychological and social consequences of charging youth with criminal offences?
Assessing the capacities and needs of young offenders
What are the challenges to the justice system in improving the approach to youth with mental disabilities and other disadvantaged youth?

Canada has a 100 year history of using the criminal justice system to address social problems of youth in society. Has this approach worked? Not according to clinical psychologist Mary Vandergoot. In fact, this approach has ignored the reality that many youth who come into contact with the law may have developmental disabilities, mental health disorders, suffer from a fetal alcohol spectrum disorder, or be victims of violence or neglect. Our current approach to youth justice can actually harm such young persons and their families by ignoring their needs. The author challenges us to examine the assumptions behind our approach to youth justice, and break the cycle of using legal sanctions to deal with youth who have special needs. Clinical examples and sample evaluations add to the depth of the author's analysis.

In this Book . . .

The government, Guerin, and the golf course: the inside story of the Musqueam people’s struggle to right the injustice done to them by the federal government in leasing their land as a golf course
What are fiduciary obligations?
Issues to consider in advancing or defending breach of fiduciary obligation claims
Advances in Aboriginal law and the law of fiduciary obligations as a result of the Guerin decision

In this book:

Can Aboriginal values be reconciled with Canadian jurisprudence?
How do philosophies, custom, and values shape one’s approach to Aboriginal issues?
How important is gender in litigation strategy?
What is the role of Aboriginal jurisprudences in the development of treaty and Aboriginal rights?
Are Aboriginal claims purely legal in nature or do they involve broader issues of defining societal relationships?
Can Canadian law and courts provide real justice for Aboriginal peoples?

In this book . . .

Aboriginal rights and title
Treaty rights
Crown's duty to consult with and its fiduciary duty to Aboriginal peoples
Federal, provincial,and territorial legislative authority
The Métis and Inuit
Constitution Act, 1982 and Aboriginal peoples
Aboriginal self-government
Aboriginal women and the law
Taxation

In this book . . .

Special circumstances facing Aboriginal youth
Fetal alcohol syndrome and effect
Restorative justice techniques
Innovations used in England, Australia, and New Zealand
Innovative Canadian approaches
Theories about crime and punishment
The provisions of the Youth Criminal Justice Act

In this book . . .

How Aboriginal peoples confront and create justice in an urban environment
Where do healing, tradition, personal and community identity, and self-government enter into this process?
What constitutes a community?
What role should the community play in delivering and shaping justice for its members?
Diversion and the CPP in Toronto

In this book . . .

Criteria for defining who is Aboriginal
Who are the Métis under Canada's Constitution?
What is the effect of section 35 which defines Aboriginal peoples as the Indian, Inuit, and Métis?
What does it mean to recognize Aboriginal nations?
Using courts to define Aboriginal status
What factors give rise to membership in an Aboriginal group?
The US experience in defining and recognizing Indian nations, and how it is relevant to Canada

In this book . . .

A summary of Aboriginal and treaty rights
The legal situation of Aboriginal peoples in the Maritimes
Interpreting maritime treaties of peace and friendship
The history of reserve creation in the Maritimes
The Supreme Court’s Marshall decision
Government obligations in light of the Marshall decision
National implications of the Marshall decision

Canada's criminal justice system has had a troubled relationship with Aboriginal people. Ross Gordon Green looks at the evolution of the Canadian criminal justice system, the values upon which it is based, and contrasts those values with Aboriginal concepts of justice.

Reprinted in 2009 on FSC Certified recycled stock.

In this book . . .

Defining Aboriginal and treaty rights
The government's fiduciary responsibility to Aboriginal peoples
Limits on the government's ability to infringe Aboriginal and treaty rights
The impact of the Constitution on these rights
Principles for determining compensation for the breach of these rights
Third party responsibility for compensation
The American experience with compensation

In this book . . .

How the Charter of Rights and Freedoms and other human rights legislation apply to education
What freedom of conscience and religion, and freedom of expression and assembly mean in a school
Discrimination and sexual harassment in schools
The rights of disabled students
The right to search and detain students and seize their personal effects