Aboriginal Law Research Guide

It offers a wide-ranging 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.

The book provides a comprehensive, up-to-date overview of cases, legislation and other developments in the law, including Aboriginal title, Treaty rights and the duty to consult.

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.

This national casebook includes comprehensive coverage of foundational legal issues and jurisprudence affecting Indigenous peoples in Canada, contextualising them within their larger cultural, political and sociological framework. Formerly published as Aboriginal Legal Issues: Cases, Materials and Commentary.

In Canada, the fundamentals of law relating to Aboriginal peoples are unclear and Indigenous communities lack appropriate guidance in terms of efficiently accessing the legal system to address breaches of their rights. This is yet another injustice endured by Aboriginal peoples in Canada. However, the Supreme Court of Canada has begun to place greater emphasis on the honour-of-the-Crown principle and less on the paternalistic, complex notion that governments owe a fiduciary duty to Aboriginal peoples. Dickson explores both theoretical and practical implications of this fundamental shift and possible future outcomes.

The beliefs and practices of the colonial age continue to haunt Supreme Court of Canada rulings concerning Indigenous rights. The analysis applied in Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples, suggesting new ways to bridge the cultural divide and arrive at a truly postcolonial justice system.

Unsettling Canada chronicles the modern struggle for Indigenous rights covering fifty years of struggle over a wide range of historical, national, and recent international breakthroughs.

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The work explores the origins of common law concepts of land ownership, the attempts to reconcile European and Aboriginal traditions in the treaty process, and the consequences of the application of British colonial law and Crown. This new edition has been fully updated with discussions of the most recent decisions of note from the Supreme Court of Canada and provincial courts.

The only publication which addresses procedural issues of Aboriginal and treaty rights litigation. A necessity for anyone litigating Aboriginal cases, Aboriginal & Treaty Rights Practice consolidates, in one place, Canadian Aboriginal and treaty rights procedural and evidentiary law. It contains essential information necessary for identifying the procedural and evidentiary issues unique to this subject area, and reviews how Canadian courts have applied the law.

What, other than numbers and power, justifies Canada's assertion of sovereignty and jurisdiction over the country's vast territory? Why should Canada's original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation. Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers. Asch proposes a way forward based on respecting the "spirit and intent" of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.

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The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763.