Product Details
978-0-7798-7252-7
Book
Approximately 460 pages
1 volume bound
hardcover
2016-10-14
Carswell

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Aboriginal Law, Fifth Edition - hardcover
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$126.00
Description

Written by a leading Aboriginal law practitioner and acclaimed author, Aboriginal Law, Fifth Edition is a comprehensive, authoritative resource that highlights the most important aspects of Canadian law, its impact on Aboriginal peoples, and their relationship with the wider Canadian society. This treatise contains detailed, insightful commentary in such important areas as:

  • Aboriginal Rights
  • Aboriginal Title
  • Treaty Rights - Historic
  • Modern Treaties and Land Claims Agreements
  • Federal Authority
  • Indian Reserve Land and Related Tax Matters
  • Provincial and Territorial Authority
  • The Crown's Duty to Consult Aboriginal Peoples
  • Metis Rights

In addition to these discussions, Aboriginal Law, Fifth Edition pays particular attention to the constitutional element of Aboriginal Law. Presented in plain language, Aboriginal Law, Fifth Edition is an essential resource for any practitioners, academics, policymakers, and students of this rapidly developing area of law. New in this edition The new, fifth edition features new sections on:

  • Reconciliation
  • Anti-corruption Initiatives
  • Engaging the Honour of the Crown
  • Duty to Consult - Causal Connection and Potential Adverse Effects
  • Duty to Consult - Remedies - Declaratory Relief

Recent notable case law examined in this publication includes:

  • Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12
  • Tsilhqot'in Nation v. British Columbia, 2014 SCC 44
  • Moulton Contracting Ltd. v. British Columbia, 2013 SCC 26
  • Ahousaht First Nation v. Canada (Minister of Fisheries and Oceans) (2015 F.C.)
  • Haida Nation v. Canada, (Minister of Fisheries and Oceans) (2015 F.C.)
  • Saik'uz First Nation v. Rio Tinto Alcan Inc. , (2015 BCCA)
  • First Nation of Nacho Nyak Dun v. Yukon, (2015 Y.K.C.A.)

“What the reader will find is a thorough and up to date summary of relevant case law, legislation and agreements dealing with a range of topics within the over-arching umbrella of aboriginal law, including the trilogy of aboriginal rights, aboriginal title and historic treaty rights, as well as modern land claims and treaty rights, the division of authority between federal, provincial and territorial governments, the crown’s duty to consult, reserve land and related tax matters and Métis rights.”

 

From the book review by Izaak de Rijcke and Megan Mills (2017 Canadian Law Library Review/Revue canadienne des bibliothèques de droit, Volume/Tome 42, No. 1)

About the Author
Thomas Isaac, of Cassels Brock & Blackwell LLP, is a nationally recognized authority in the area of Aboriginal law. He has extensive experience in advising industry and government clients on Aboriginal legal matters and related environmental assessment, regulatory, negotiations and constitutional issues. A member of the law societies of British Columbia, Alberta, NWT, Nunavut and Yukon, he has represented numerous clients before all levels of courts across Canada, including the Federal Court and the Supreme Court of Canada.
Mr. Isaac regularly negotiates on behalf of industry and governments in respect of impact, benefit and access agreements with Aboriginal groups, and he advises on Aboriginal consultation and accommodation processes and agreements. He is a former Chief Treaty Negotiator for the Government of British Columbia, a former Assistant Deputy Minister responsible for establishing Nunavut for the Government of the Northwest Territories, and served in a senior capacity with the Government of Saskatchewan dealing with Aboriginal issues. Mr. Isaac also recently served as Ministerial Special Representative to the Minister of Indigenous and Northern Affairs, regarding a Section 35 Métis Rights and Reconciliation Framework and a reconciliation approach for the Supreme Court of Canada's Decision in Manitoba Métis Federation v. Canada. On July 21, 2016, the Government of Canada released Mr. Isaac's Report of the Minister's Special Representative on Reconciliation with Métis: Section 35 Métis Rights and the Manitoba Métis Federation Decision.
Mr. Isaac has published extensively in the area of Aboriginal law, including Aboriginal Law, Fifth Edition and the upcoming Aboriginal Law: Supreme Court of Canada Decisions. His works have been cited with approval by Canadian courts, including the Federal Court of Appeal and the Supreme Court of Canada.