Federal Publications logo FEDERAL

Navigation Bar Checkout View Cart Contact Us Canadian Maps and Charts Books on Canada Home

The 2011 Annotated Indian Act and Related Aboriginal Constitutional Provisions

November 15, 2011: The 2012 Edition is in preparation and is expected to be released in December (price TBA). If you would like to be notified when the new edition is available to order, please contact us. We still have limited stock of last year's 2011 edition.

Format Softcover
Catalogue No. 978-0-7798-2671-1
Pages 952
Language English only
Price $100.00
  Add to Cart
for last year's 2011 edition

Edited by Shin Imai.
Published by Carswell, 2010.

This is an annual publication. The 2011 edition was released December 2010. The 2012 edition is expected to be released in December 2011.


Description of last year's 2011 edition:

This updated version of the only portable annotation of the constitutional provisions relating to aboriginal peoples includes 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)]. 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 cases and a summary of the most important Supreme Court of Canada cases on aboriginal law issues.

The 2011 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
This edition features the addition to and updating of the following regulations under the Indian Act:
  • Indian Band Council Elections Order, SOR/97-138
  • Indian Bands Revenue Moneys Regulations, C.R.C. 1978, c. 953
  • Order Exempting Bands From the Operation of Section 32 of the Indian Act, SOR/2010-28
The 2011 edition also includes over thirty new and amended annotations including:
  • Commercial Fishery:
    • Lax Kw'alaams Indian Band v. Canada (Attorney General), [2009] B.C.J. No. 2556, 2009 BCCA 593, [2010] 1 C.N.L.R. 278: The court found that there was no Aboriginal right to a commercial fishery nor any fiduciary duty on the part of the Crown to provide access to a commercial fishery. The trial judge found that the Coast Tsimshian existed primarily within a subsistence economy and that trade consisted mainly for gift exchanges or exchange of luxury goods, such as eulachon grease. This trade in eulachon grease did not transform into a right to commercial fishing of salmon, halibut and other species of fish. The trial decision was upheld by the Court of Appeal.
  • Fiduciary Duty of Province:
    • Chippewas of Mnjikaning First Nation v. Ontario (Minister of Native Affairs), [2010] O.J. No. 212, 2010 ONCA 47: The province did not owe a fiduciary duty to a First Nation that was hosting a casino whose revenues were to be shared with First Nations across Ontario. The Ontario Court of Appeal upheld the trial judgment and commented on the fiduciary duty of the province. Fiduciary duties may arise from the particular conduct of the provincial Crown in specific situations, but, no such duty arose on the facts here. Even if the fiduciary duty existed, the duty would apply to all the First Nations in the province, not just Mnjikaning.
  • Duty to Consult and Accommodate:
    • Tsuu Tina Nation v. Alberta (Minister of Environment), [2010] A.J. No. 479, 2010 ABCA 137: Whether or not there is a duty to consult prior to passing legislation, there may be a duty to consult at earlier stages of development. Even if the Legislature itself does not have a duty to consult prior to passing legislation, the duty may still fall upon those assigned the task of developing the policy behind the legislation, or upon those who are charged with making recommendations concerning future policies and actions.
    • Standing Buffalo Dakota First Nation v. Enbridge Pipelines Inc., [2010] 1 C.N.L.R. 371 (Fed. C.A.): The National Energy Board was not required to determine whether the Crown had a duty to consult. The Crown was not a party in the proceedings. The Federal Court of Appeal found that the NEB was not required to look into the Crown's actions. The NEB was making discrete decisions in relation to corporations (not the Crown). The legislation did not require the NEB to undertake a Haida consultation. The NEB, because it was a federal Board, could not conduct a Haida analysis in relation to the Crown in right of a province.
  • Environmental Assessment:
  • Quebec (Attorney General) v. Moses, [2010] S.C.J. No. 17, [2010] A.C.S. no 17, 2010 SCC 17: The environmental assessment provisions of the JBNQA apply to approvals internal to the Agreement. They do not preclude the application of federal environmental laws that exist outside of the agreement. McKenzie Bay International Ltd. proposed to establish a vanadium mine on Category III lands described under the James Bay and Northern Quebec Agreement (JBNQA). The three governments - the Crees, Quebec and Canada - agreed that the JBNQA contemplated only one environmental process, either federal or provincial, depending on the subject matter. The Supreme Court of Canada agreed that the approval of a project under the process contemplated in the agreement did not preclude the application of federal fisheries legislation and the Canadian Environmental Assessment Act. The Agreement contemplated the imposition of federal regulations and there was no conflict between the provisions of the JBNQA and the federal legislation.
The legislation cited in this edition is current to Canada Gazette vol. 144:21 (October 13, 2010).

Price and availability subject to change. Shipping and applicable taxes extra.
Questions about this product? Please e-mail us.
Last modified: November 15, 2011

Aboriginal Law main page
What's New · Home · Search · Books on Canada · Canadian Maps and Charts · Ordering · Contact Us

©Federal Publications Inc., 1998 - 2011
425 University Avenue, Ste. 401, Toronto, Ontario, Canada M5G 1T6
Phone: (416) 860-1611 or toll-free 1-888-433-3782 · E-mail: info@fedpubs.com