Native law offers a comprehensive breadth of coverage across every subject area relevant to the First Nations, Métis and Inuit peoples of Canada.
Contributing Author: Ethan Krindle
Native law is the leading Canadian publication on Aboriginal law. It offers a comprehensive breadth of coverage across every subject area relevant to the First Nations, Métis and Inuit peoples of Canada, including Aboriginal title and rights, treaty rights, First Nations governance and land management, criminal and family law matters, and the Indian Act. Jack Woodward, Q.C., an active practitioner and former law professor, adds authoritative commentary which is frequently relied upon by Canadian courts, including the Supreme Court of Canada. Native Law is updated six times per year, and is a trusted, key resource for every law library or law office dealing with issues of Aboriginal law.
Critical Native Law Topics
- Aboriginal governance
- Aboriginal title and rights, and treaty rights
- Land management on reserve
- Criminal law
- Estates and family law
- Fully revised and updated Chapter 9 – Management and Development of Aboriginal Lands. The revised chapter offers new perspectives on the 16 types of Aboriginal lands that can be subject to development, and the rules for development of each. The chapter deals with Indian Act reserves, Land Codes, special legislation, treaties and all other categories of Aboriginal lands. This new text contains analysis and references not found in any other publication.
- Revised and updated commentary on land management regimes under modern treaties in Canada, including the Nisga’a, Tsawwassen, Maa-nulth and Tla’amin treaties.
- Commentary on Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. and its companion case Clyde River (Hamlet) v. Petroleum Geoservices Inc, two 2017 Supreme Court of Canada cases discussing the Crown’s duty to consult in the context of independent regulatory processes such as National Energy Board hearings. Chippewas is one of many cases where the Supreme Court of Canada has relied on Native Law.
- Commentary on Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), a 2017 SCC case on whether sites sacred to First Nations attract the protection of the freedom of religion provisions in s. 2(a) of the Charter.
- New commentary on the application of Gladue factors in extradition decisions involving Aboriginal persons.
- Commentary on Taseko Mines Limited v. Canada (Environment), a 2017 Federal Court decision discussing procedural fairness in the context of Crown-First Nation consultations, specifically, when and to what extent a project proponent must be informed of the details of such consultations.
Who Needs This Book?
- Aboriginal law practitioners – Comprehensive and constantly updated case law analysis on land claims, Aboriginal rights issues, consultation, and other matters of key significance.
- Real estate lawyers who deal with Aboriginal lands – Native Law includes extensive commentary on the systems and best practices for registering interests on reserve lands, under Land Codes, under modern treaties, etc.
- First Nations organizations – commentary on land management powers, band elections, and other topics of relevance to First Nations governments, alliances, and other organizations dealing with First Nations issues.
- Law libraries – the leading legal resource on Aboriginal law in Canada.
Table of Contents
Table of Contents
Table of Cases
Table of Statutes
Table of Authorities
Judicial Commentary on the text
Chapter 1 - Legal Recognition of Native Individuals and Native Groups
Chapter 2 - Sources of Aboriginal Law
Chapter 3 - Federal Powers and Responsibilities
Chapter 4 - Provincial Powers and Responsibilities
Chapter 5 - Aboriginal and Treaty Rights
Chapter 6 - Citizenship and Civil Rights
Chapter 7 - First Nation Governance under Legislation and Treaties
Chapter 8 - Aboriginal Title and Indian Lands
Chapter 9 - Management and Development of Indian Land
Chapter 10 - Individual Possession and Development of Reserves
Chapter 11 - Personal Property (and Off-Reserve Real Estate)
Chapter 12 - Taxation
Chapter 13 - Hunting, Fishing, Trapping and Gathering
Chapter 14 - Culture and Religion
Chapter 15 - Children and Family Law
Chapter 16 - Wills and Estates
Chapter 17 - Offences, Criminal Law, Sentencing and Young Offenders
Chapter 18 - Motor Vehicle and Highway Traffic Laws
Chapter 19 - Federal Services for Aboriginal Persons
Chapter 20 - Practice Matters
Chapter 21 - Treaties
Chapter 22 – Special Laws Affecting Each First Nation
Directory of First Nations
Words & Phrases