Annotated Aboriginal Law: The Constitution, Legislation and Treaties 2017 (Formerly: Annotated Indian Act and Aboriginal Constitutional Provisions)
By: Shin Imai
ISBN/ISSN/Product Number: 978-0-7798-7107-0
1350pages / Binding: softcover
Publication Date: 2016-12-19
The Annotated Aboriginal Law: The Constitution, Legislation and Treaties 2017 provides you with up-to-date legislation, constitutional documents and more.
The Annotated Aboriginal Law: The Constitution, Legislation and Treaties 2017 provides you with up-to-date legislation, constitutional documents, case law, and annotations. Written by Shin Imai, an experienced aboriginal law practitioner and teacher, this book features the full text of the Indian Act and Regulations, accompanied by hundreds of annotations and section-by-section summaries of all significant court decisions interpreting or applying the legislation. As well, this work includes the consolidation of the Indian Act and Regulations and hundreds of annotations, the full texts of legislation and regulations including the Indian Oil and Gas Act and the First Nations Land Management Act; a review of the case law under s. 91(24) of the Constitution Act, 1867 [s. 91(24) (division of powers)] and the Canadian Charter of Rights and Freedoms [s. 15, (equality rights), s. 25 (Aboriginal Rights and Freedoms not affected by the Charter) and s. 35(1) (Aboriginal and Treaty rights)]; and a brief annual review of the law, highlights of other legislation related to Aboriginal peoples, important cases, and a summary of the most important Supreme Court of Canada cases on Aboriginal law issues.
New in this editionAmongst the cases discussed in this year's edition are recent Supreme Court of Canada and appellate-level decisions including the following:
"Indians" in 91(24) includes Métis and non status Indians – Daniels v. Canada (Minister of Indian Affairs and Northern Development) , 2016 SCC 12 (S.C.C.)
A provision in the First Nation's Customary Election Regulations barred people from running for office if they were a plaintiff in a civil action against the Band. The Court found that this provision did not violate any provisions of the Charter of Rights and Freedoms – Orr v. Peerless Trout First Nation, 2016 FCA 146 (Fed. C.A.)
The Court upheld a requirement in the Kahkewistahaw Election Act that required candidates for Chief or Council have at least a grade twelve education – Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 (S.C.C.)
A First Nation cannot appeal the approval of a pipeline because it did not produce any evidence that it would be "directly and adversely affected" by the decision. – O'Chiese First Nation v. Alberta Energy Regulator, 2015 ABCA 348 (Alta. C.A.)
Shin Imai is currently a member of the faculty at Osgoode Hall Law School. His prior experience includes being a staff lawyer at Keewaytinok Native Legal Services, having a private practice in Toronto and acting as the Aboriginal Issue Co-ordinator for the Ontario Ministry of the Attorney General. He is the co-author of Aboriginal Law Handbook, 3rd Edition and author of The Annotated Indian Act and Aboriginal Constitutional Provisions.