Aboriginal Law Handbook, 5th Edition

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Aboriginal Law Handbook, 5th Edition is a practical, unique reference work to the law as it affects Aboriginal peoples and organizations.

Aboriginal Law Handbook, 5th Edition is a practical, unique reference work to the law as it affects Aboriginal peoples and organizations, for both lawyers and non-lawyers. It also features in-depth analysis on a number of legal and policy issues affecting Aboriginal peoples. 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 commisions initiatives; and injunctions and blockades

Every chapter contains a brief summary of key issues to remember, as well as a bibliography of secondary sources for further in-depth research.

New in this edition

Aboriginal Law Handbook, 5th Edition 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

The 5th 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
  • Tsilhqot’in Nation v. British Columbia, 2014 SCC 44

It also includes a new introductory chapter by the distinguished former Canadian parliamentarian and Ontario premier, Bob Rae.



Practice Area:
Native Peoples Law


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