Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the M?tis, and the Indian Act, this book pays particular attention to the Crowns duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.
PREFACE
Chapter One: Aboriginal Rights
1.1 INTRODUCTION
1.2 SECTION 35
1.2.1 History
1.2.2 Subsection 35(1)
1.2.3 Subsection 35(2) Aboriginal Peoples of Canada
1.2.4 Subsection 35(3) Modern Treaty Rights and Land Claims Agreements
1.3 ABORIGINAL RIGHTS
1.3.1 Definition
1.3.2 Establishing an Aboriginal Right TheVan der PeetTest
1.3.3 Proof and Evidentiary Issues
1.3.4 Extinguishment
1.3.5 Infringement
1.3.5.2 Unreasonable Limitation
1.3.5.3 Undue Hardship
1.3.5.4 Preferred Means
1.3.6 Justification of Infringement
1.3.6.2 Compelling and Substantial Objective
1.3.6.3 Honour of the Crown
1.4 SECTION 25,CANADIAN CHARTER OF RIGHTS AND FREEDOMS
1.5 INDIVIDUAL AND COLLECTIVE RIGHTS
1.6 SELF GOVERNMENT
1.6.1.1R. v. Pamajewon
1.6.1.2Campbell v. B.C.
1.6.1.3Mitchell v. Canada (Min. of National Revenue)
1.6.2 Implementing Self-Government
1.6.2.1 Dogrib Treaty 11 Council
1.6.2.2 Mohawks of Kanesatake
1.6.2.3Sechelt Indian Band Self-Government Act
1.6.2.4Cree-Naskapi (of Quebec) Act
1.6.2.5 Yukon Territory
1.6l3Ü
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