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The 2008 Annotated Indian Act and Related Aboriginal Constitutional Provisions

     
Format Softcover
Catalogue No. 978-0-7798-1218-9
Pages 805
Language English only
Price $80.00
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Edited by Shin Imai.
Published by Carswell, 2007.

This is an annual publication. The 2008 edition was released December 2007.

Description:

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 2008 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 2008 edition also includes discussion of the following new cases and legislation:
  • R v. Morris (S.C.C.) (Hunting methods and treaty rights)
  • McDiarmid Lumber Ltd. v. God’s Lake First Nation (S.C.C.) (Seizure of band funds provided by the Department of Indian Affairs located in an off-reserve bank.)
  • A number of significant decisions on the duty to consult and accommodate including:
    • Dene Tha' First Nation v. Canada (Minister of Environment), (F.C.) (Consultation for a Band in Alberta with respect to its traditional territory in the Northwest Territories.)
    • Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation, (Ont. Sup. Ct.) (Unsuccessful negotiations and accommodation without consent.)
    • Hiawatha First Nation v. Ontario (Minister of Environment), (Ont. Div. Ct) (Consultation for burial sites in surrendered territory.)
    • Native Council of Nova Scotia v. Canada (Attorney General), (F.C.) (Consultation with off-reserve native people over fishing rights.)
    • Henco Industries Ltd. v. Haudenosaunee Six Nations Confederacy Council, (Ont. C.A.) (Duty to negotiate during execution of injunction to remove protesters.)
The legislation cited is current to Canada Gazette vol. 141 no. 19 (September 19, 2007).

 
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Last modified: December 20, 2007

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