Essentials of Canadian Aboriginal Law discusses the current Canadian law about Indigenous peoples living in Canada.
Essentials of Canadian Aboriginal Law is the print version of the Canadian Encyclopedic Digest title. The book discusses the current Canadian law about Indigenous peoples living in Canada. It deals almost exclusively with Canadian constitutional law and federal non-criminal statute law as they pertain to Indigenous peoples.
The book considers the most recent and noteworthy Supreme Court of Canada decisions, including:
Ktunaxa Nation v. British Columbia: This case decided that Qat’muk, a place of spiritual significance for the Ktunaxa, is not protected by the s. 2(a) Charter right to freedom of religion. As a result, development of the area for a proposed ski resort is allowed to proceed.
First Nation of Nacho Nyak Dun: This case concerned the interpretation of modern treaties and, in particular, the Crown’s obligations in the collaborative land use planning process established by the Yukon Final Agreements.
Williams Lake Indian Band v. Canada: In this case, the SCC sided with a British Columbia First Nation in a dispute over its traditional lands.
The book also incorporates Bill S-3, which came into force on December 22, 2017. The bill amends the Indian Act in response to the Descheneaux v. Canada decision.