Aboriginal Law Handbook, 5th Edition

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Aboriginal Law Handbook, Fifth Edition is a practical, unique reference work to the law as it affects Aboriginal peoples and organizations, for both lawyers and non-lawyers. Every chapter contains a brief summary of key issues to remember, as well as a bibliography of secondary sources for further research. It also features an in-depth analysis of a number of legal and policy issues affecting Aboriginal people.

It includes summaries and discusses the current state of the law and policy about

  • Rights of Aboriginal peoples in Canada, including the constitutional framework, Aboriginal and treaty rights, the duty to consult and accommodate, UNDRIP and free, prior, and informed consent, land and land claims, and Métis and Inuit rights
  • Aboriginal government issues, including self-government, international law and Indigenous sovereignty; bands, band councils, and reserves, Indian Act registration and band membership, and elections
  • Aboriginal community issues, including community control of programs and services, and housing
  • Topics affecting Aboriginal families, including marriage, separation, and divorce, child welfare, wills and estates, and the residential school settlement
  • Various economic development and related matters, including protection, use, and management of lands and resources, community corporations, commercial relations and reserves, individual and corporate taxation, trusts for Aboriginal communities, employment relations, and human rights and privacy
  • Justice issues, including criminal procedure, Aboriginal justice inquiries and commissions initiatives, and injunctions and blockades

The book presents new and updated discussion on the following

  • Rapidly evolving issues related to the duty to consult Aboriginal communities, including emerging national and international standards related to free, prior, and informed consent
  • New developments in the field of Aboriginal economic development, including the evolution of impact benefit agreements, emerging structures for Aboriginal corporations, and resource revenue sharing, trusts structures that support community development, and taxation issues specific to Aboriginal communities
  • Aboriginal family and social issues including marriage, separation, and divorce, child welfare, wills and estates, and human rights and privacy
  • Aboriginal education, including the legacy of residential schools, and the work of the Truth and Reconciliation Commission
  • Aboriginal justice issues, including inquiries and commissions on Aboriginal issues; criminal procedure in an Aboriginal context, Aboriginal justice initiatives, and injunctions and blockades
  • It also includes a new introductory chapter by the distinguished former Canadian parliamentarian and Ontario premier, Bob Rae

The fifth edition includes the following case law

  • Bernard v. R., 2017 NBCA 48
  • Canada (Attorney General) v. Fontaine, 2017 SCC 47
  • Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2017 SCC 41
  • Clyde River (Hamlet) v. Petroleum Geo Services Inc., 2017 SCC 40
  • Descheneaux c. Canada (Procureur général), 2017 QCCA 1238
  • First Nation of Nacho Nyak Dun v. Yukon, 2017 SCC 58
  • Gehl v. Canada, 2017 ONCA 319
  • Goodswimmer v. Canada (Attorney General), 2017 ABCA 365
  • Kahkewistahaw First Nation v. Taypotat, 2015 2 SCR 548
  • Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54
  • Ross v. Saskatchewan, 2018 SKCA 12
  • Tsilhqotin Nation v. British Columbia, 2014 SCC 44


Practice Area:
Legal ethics & professional responsibility


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