This updated version of the only portable annotation of the
constitutional provisions relating to Aboriginal peoples includes case law on
s. 35(1) (Aboriginal and Treaty rights) and s. 91(24) (division of powers) and
s. 15 of the Charter (equality rights). The consolidation of the Indian Act and
Regulations contains hundreds of annotations and the full texts of the Indian
Oil and Gas Act and the First Nations Land Management Act. This work features a
brief annual review of the law, highlights of other legislation related to
Aboriginal peoples, important aboriginal cases and a summary of the most
important Supreme Court of Canada cases on Aboriginal peoples.
The
2009 Annotated Indian Act and Aboriginal Constitutional Provisions
contains:
- Table of Cases
- Indian Act
- Selected Indian Act Regulations
- First Nations Land Management Act
- Department of Indian Affairs and Northern Development
Act
- Indian Oil and Gas Act
- Indian Oil and Gas Regulations, 1995
- Highlights of other relevant legislation
- Constitution Acts
- Royal Proclamation
- Selected Supreme Court of Canada summaries
- Glossary
- Index
The 2009 edition also includes discussion of the following
new cases and legislation:
- Limitation periods
- Papaschase Indian Band No. 136 (Descendents of) v .Canada
(Attorney General), (S.C.C.): A suit by descendants of a Band that had been
dissolved in 1889 was statute barred by the Saskatchewan Limitations Act as
there was evidence that descendants of the Papachase Band knew about the issue
in the mid seventies and made some inquiries but took no action.
- Manitoba Métis Federation Inc. v. Canada (Attorney
General (Man. Q.B.): Court dismissed a claim for a declaration that the federal
and provincial governments failed to facilitate the creation of a land base for
the Métis on the basis that the claim was outside the limitation period
and on the basis the Métis, as a group, could not establish Aboriginal
title separate from the title held from Indians.
- Aboriginal fishing rights
- R. v. Kapp, (S.C.C.): A federal policy that provided
three First Nations with an extra day in the fishing season, was justified as
an ameliorative program under section 15(2) of the Charter.
- Lax Kw'alaams Indian Band v. Canada (Attorney General)
(B.C.S.C.): There is no Aboriginal right to a commercial fishery no fiduciary
duty on the part of the Crown to provide access to a commercial fishery.
- Consultation
- Dene Tha' First Nation v. Canada (Minister of
Environment)(FCA): Informing the First Nation the day before a report on a
pipeline was to be finalized does not constitute proper consultation, Tseshaht
First Nation v. Huu-ay-aht First Nation, (B.C.S.C.): The court rejected an
attempt by a First Nation to stop a ratification vote on a treaty by another
First Nation, saying that legal rights of the first First Nation would not be
compromised Musqueam Indian Band v. Canada, (FCA): No injunction for lack of
consultation was issued because monetary damages would be adequate compensation
for the sale of two disputed federal office buildings in downtown
Vancouver.
- Protests and Blockades
- R. v. Manuel (BCCA):The Court of Appeal rejected the
defence of colour of right and upheld convictions of members Neskonlith Band
who had blockaded a road up to the Sun Peaks Resort.
- Frontenac Ventures Corp. v. Ardoch Algonquin First
Nation, (Ont.C.A.): The appeal court reversed the imposition of a six month
jail sentence and hefty fine for First Nations protesting exploration for a
uranium mine on disputed land.
- Income tax
- Large et al. v. The Queen (FCA): A promissory note for
the value of investments held in a corporation was taxable as the investments
were earned in the commercial mainstream.
- Boubard v. Canada(TCC): Income earned by employees of a
lumber company on land surrendered for economic development purposes were are
exempt.
- Labour relations on reserve
- CAW-Canada, Local 444 v. Great Blue Heron Gaming
Commission, (Ont. C.A.): A complex, hierarchical labour code passed by an
Indian band to regulate its casino was not an expression of an Aboriginal right
of self-government.
The legislation cited is current to Canada Gazette 142:21
(October 15, 2008).
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