
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. This edition includes discussion of the following new cases and legislation: Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage) (S.C.C.) (First Nations claim that the construction of a road would infringe on their hunting, trapping and fishing rights under treaty), Moresby Explorers Ltd. v. Canada (Attorney General) (F.C.A.) (claim by non-Aboriginal tour operator that limit on tourism license for land under Aboriginal title was s. 15 discrimination), Métis National Council of Women v. Canada (Attorney General) (F.C.A.) (challenge to funding decision for employment program under ss. 15 and 28 of the Charter), Wetzel v. R. (F.C.A.) (exclusion from band membership found to be administrative law wrong related to bad faith conduct, not s. 15 discrimination), R. v. Kapp (B.C. C.A.) (s. 15 challenge to the Aboriginal Fishing Strategy by non-Aboriginal fishers) First Nations Commercial and Industrial Development Act, S.C. 2005, c. 53 (provides for the establishment of regulatory regimes for commercial and industrial activities to be undertaken on reserve lands, allowing provincial regulatory laws to apply to the same extent on reserves as elsewhere through incorporation into federal regulatory regimes) First Nations Oil and Gas and Moneys Management Act, S.C 2005, c. 48 and much more
Page Count:
734
Publication Date:
2010-01-01
ISBN-10:
0459243446
ISBN-13:
9780459243449
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