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of Victoria

Transsystemic Constitutional Law- LAW 100I

This guide provides resources for students in Law 100I Transsystemic Constitutional Law.

General

Royal Commission on Aboriginal Peoples database
The Royal Commission on Aboriginal Peoples (RCAP) was established by Order in Council on August 26, 1991, and it submitted its report in October 1996. The RCAP was mandated to investigate and propose solutions to the challenges affecting the relationship between Aboriginal peoples (First Nations, Inuit, Métis), the Canadian government and Canadian society as a whole.

This database provides access to documents, such as intervenor project submissions, publications, research reports and hearing transcripts that supported the writing of the report of the RCAP.

November 2016

Aboriginal Title and Rights: Foundational Principles and Recent Developments
A report by Maria Morellato & Mandell Pinder for the 2009 Constitutional and Human Rights Conference.

The Internationalization of Indigenous Rights: UNDRIP in the Canadian Context by Centre for International Governance Innovation
Call Number: Electronic

Publication Date: 2014
Treaty rights in the Constitution of Canada by James (Sa ʾkeʾj) Youngblood Henderson.
Call Number: McPherson Ref KE7709 H4625 2007

Publication Date: 2007

Key Treatises on Aboriginal Law

Aboriginal Law in Canada by Jack Woodward
Publication Date: Looseleaf (1989- )

Ebook available - click on the blue book icon.
First Nations Governance Laws 2nd ed by Brian Crane, Robert Mainville & Martin W. Mason
Call Number: KE7742 C73 2008

Publication Date: 2008
Aboriginal Tenure in the Constitution of Canada by James Sakej Youngblood Henderson, Marjorie L. Benson, & Isobel M. Findlay
Call Number: KE7739 L3H46 2000

Publication Date: 2000

This book is a cross-cultural and cross-disciplinary project exploring the meaning of Aboriginal and treaty rights in the constitution of Canada. The book provides an understanding of constitutional order and how it affirms the Aboriginal order. This book includes: parts 1: the common law and land Part 2: treaty reconciliations 3: legal protection of Aboriginal tenure 4: displacing colonial discourse 5: judicial reconciliation of Aboriginal tenure 6: Sui Generis Aboriginal tenure 7: toward reconciliation for the millennium
Aboriginal Law by Thomas Isaac
Call Number: KE7709 I822 2016

Publication Date: 2016

Pre-Confederation and Numbered Treaties

Primary Sources (Created by a witness to the event)

Indigenous and Northern Affairs - Treaty Texts
Transcripts of the treaties dating from the mid 1700's to the early 1900's.
Library and Archives Canada - Treaties, Surrenders and Agreements
Library and Archives Canada (LAC) holds an extensive, but not a complete, collection of historic Canadian Indian treaties, land surrenders, and related agreements.

Canadian Indian treaties : [compiled for convenience] by Sanders, Douglas E.
Call Number: Law LIbrary Rm 175 KF8202 1975

Secondary Sources

Keeping Promises: The Royal Proclaimation of 1763, Aboriginal Rights and Treaties in Canada by Terry Fenge & Jim Aldridge
Call Number: KIB140 K43 2015

Publication Date: 2015

Indigenous and Northern Affairs - Treaty Research Reports
Historical interpretations of treaties the Crown has signed with Aboriginal peoples since the 18th century.
Indigenous and Northern Affairs Canada -A History of Treaty-Making in Canada
History of treaty-making in Canada from the 1700s to the present day. In addition, discover historical material including transcripts of original treaty texts, archival images of treaty signing ceremonies and other resources including selected bibliographies that foster Aboriginal awareness.
Library and Archives Canada - Treaties, Surrenders and Agreements-Essay on the status and locations of original treaty documents in Canada.
By John Leslie, with contributions by Doug Whyte and Patricia Kennedy

Section 35

Canadian Charter of Rights and Freedoms, section 35

Box of Treasures or Empty Box?: 20 Years of Section 35 by Ardith Walkem & Halie Bruce
Call Number: KE7709 B69 2003

Publication Date: 2003
The Constitution's People: A Robust and Group-centered Interpretation of Section 35 of the Constitution Act, 1982, In Light of R. v. Powley by Brent Brian Olthuis
Call Number: Electronic

Publication Date: 2005
Beyond Section 35: Beating the Constitutional Drum: Summary Report of Ottawa Symposium Nov 8-9, 2012 by Institute on Governance
Call Number: Electronic

Publication Date: 2012
From recognition to reconciliation : essays on the constitutional entrenchment of Aboriginal and treaty rights by Patrick Macklem and Douglas Sanderson.
Call Number: Law KIB1810 F76 2016

Publication Date: 2016
Matter of national and constitutional import : report of the minister’s special representative on reconciliation with Métis : section 35 Métis rights and the Manitoba Métis Federation decision by Indigenous and Northern Affairs Canada
Call Number: Electronic

Publication Date: 2016

Duty to Consult

Revisiting the Duty to Consult by Dwight G. Newman
Call Number: KE7709 N49 2014 (Law reserve)

Publication Date: 2014
The Crown's constitutional duty to consult and accommodate Aboriginal and treaty rights by Maria Morellato
Call Number: Electronic

Publication Date: 2008
Crown consultation policies and practices across Canada by Maria Morellato
Call Number: Electronic

Publication Date: 2009
Gendering the Duty to Consult by Jula Hughes
Call Number: Electronic

Publication Date: 2017
The Government's Duty to Consult Urban Aboriginal People by National Association of Friendship Centres
Call Number: Electronic

Publication Date: 2009
Role and Rule of Law: The Duty to Consult, Aboriginal Communities, and the Canadian Natural Resource Sector by Dwight Newman
Call Number: Electronic

Publication Date: 2014
First Nations sacred sites in Canada's courts by Michael Lee Ross
Call Number: KE7715 R68 2005

Publication Date: 2005

Also available as an ebook - click the blue book icon.

Consultative Areas Database
The CAD Public Map Service Report provides preliminary contact information for First Nations who may have Aboriginal Interests identified within the area queried.

Last Updated: Sep 15, 2025 2:42 PM
URL: https://libguides.uvic.ca/c.php?g=705837
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Subjects: Course guides, Law

Tags: constitutional, course guide, indigenous, law

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