Aboriginal Law: Commentary, Cases, and Materials
Price: $ 50.00
 
 Thomas Isaac
600 pages, 2 maps, index, bibliography, paper, 6 x 9,
winter 2004, ISBN 1-895830-23-0 / ISBN 13 978-1895830-231
Introduction
1. Aboriginal Rights and Title
Introduction
Aboriginal Rights
Aboriginal Title
Aboriginal Title in the Maritimes
Aboriginal Title and Private Property
Government Duties
Proof of Aboriginal Title
Justifying an Infringement of Aboriginal Title
Remedies
Extinguishment of Aboriginal Title
Alternative to Extinguishment
Outstanding Aboriginal title and treaties
Australia and the Mabo Decision
Cases and Materials
Selected Bibliography
2. Treaty Rights
Introduction
Pre-Confederation Treaties
Peace & Friendship Treaties - Early Maritime Treaties
Post-Confederation Treaties
Sui Generis Nature of Treaties
Section 88, Indian Act
Interpretation of Treaty Rights
Pre-1982 Treaty Rights Decisions
Post-1982 Treaty Rights Decisions
Consultation
Good Faith negotiations
Specific Claims
Treaty Land Entitlement
Subsection 35(3) and Modern Treaties/Land Claims Agreements
Extinguishment of Treaty Rights
Conclusion
Cases and Materials
Selected Bibliography
3. Federal, Provincial and Territorial Legislative Authority
Introduction
Federal Authority
Provincial Authority
Government Responsibilities
Territorial Authority
Consultation and Accommodation
The Fiduciary Relationship
Conclusion
Cases and Materials
Selected Bibliography
4. The Métis and Inuit
Introduction
The Métis
The Inuit
Conclusion
Cases and Materials
Selected Bibliography
5. Taxation
Introduction
Indian Tax Exemption - Section 87, Indian Act
Indian Band Taxation Authority
Subsection 90(1), Indian Act
Provincial Taxes
Treaties and Land Claims Agreements
Conclusion
Cases and materials
Selected Bibliography
6. Aboriginal Rights and the Constitution Act, 1982
Introduction
Background
Section 25, Canadian Charter of Rights and Freedoms
Section 35, Constitution Act, 1982
Subsection 35(3), Constitution Act, 1982
Individual and Collective Rights
Conclusion
Cases and Materials
Selected Bibliography
7. Self-government
Introduction
Defining Self-Government
Source of Self-Government
Judicial Commentary
Government of Canada's Inherent Right of Self-Government Policy
Implementing Self-Government
Conclusion
Cases and Materials
Selected Bibliography
8. Aboriginal Women
Introduction
Historical Discrimination
Indian Status under the Indian Act
Corbiere v. Canada (1993)
Marital Property
Native Women's Assn. of Canada v. Canada (1994)
Canadian Human Rights Act
Conclusion
Cases and Materials
Selected Bibliography
The third edition of Aboriginal Law contains more extensive and detailed commentary than earlier editions, and highlights the most important aspects of Canadian law affecting Aboriginal peoples. The author provides detailed information on and analysis of current law, referring to relevant court decisions, statutes, and land claims agreements. Key excerpts from major cases and materials are included. All major Supreme Court of Canada decisions on Aboriginal rights in the last four decades are referred to and most are excerpted. The addition of a detailed index makes this book easy to use, and the selected bibliography after each chapter assists readers with more in-depth research. The Table of Cases contains page numbers indicating where cases are referenced and/or excerpted which will be of particular value to the legal practitioner.
This book is national in scope, but it also canvasses the many regional situations that exist in Canada. The claims of First Nations peoples in BC, the unique situation of Maritime First Nations, land claim agreements in northern Canada, and the special place of the numbered treaties covering the Prairie provinces are considered and reviewed.
While this is a law book, it is written and designed for use by anyone interested in Aboriginal legal issues. Reviewers have described previous editions as "a welcome guide to the dynamic political and legal environment of the rapidly changing field of Aboriginal law in Canada" and "an excellent piece of work that will be of great benefit to nonlegal scholars as well as the general public." Legal practitioners have called it "a quick and easy to use summary of Aboriginal law."
Thomas Isaac is a nationally recognized authority in the area of Aboriginal law and the author of many books and articles, including two earlier editions of Aboriginal Law and Aboriginal and Treaty Rights in the Maritimes: The Marshall Decision and Beyond. He has advised provincial, territorial, municipal, and First Nations governments on Aboriginal issues, was chief treaty negotiator for the British Columbia government, and assistant deputy minister responsible for creating Nunavut for the Northwest Territories government. He holds bachelor and masters degrees in both political science and law. He practices law with McCarthy Tétrault LLP in Vancouver and is a member of the bars of British Columbia, New Brunswick, Northwest Territories, and Nunavut.
All editions of this book have been used extensively in law, native studies, political science, history, and other courses at the university and college levels.
Price: $ 50.00
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