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This title succinctly articulates all pertinent legislation and summarizes and analyzes the extensive decisions rendered by the Supreme Court of Canada.
Since the entrenchment of Aboriginal rights in the Canadian constitution, Aboriginal law has continued to evolve amidst changing political and cultural influences. Over the past four decades, the Supreme Court of Canada has carefully considered the nature of aboriginal rights and their intersection with complex constitutional principles, resulting in an expansive and challenging area of law.
Halsbury's Aboriginal (2024 Reissue) succinctly discusses all pertinent legislation and summarizes and analyzes the extensive decisions rendered by the Supreme Court of Canada, as well as other courts. With its accessible framework and superior analysis, this comprehensive book is an imperative resource for practitioners and professors of aboriginal law, as well as government and other officials who are directly involved with Indigenous peoples.
Topics in this essential reference include:
Historical and legal background
Pre-confederation period
Constitutional law
Legislative powers
Federal legislation
Indian Act and other general legislation
Economic and institutional development legislation
Land and resource development legislation
Self-government legislation
Comprehensive land claims legislation
Social and cultural matters legislation
International law
Binding and non-binding international legal obligations
Human rights
Self-government and international law
Aboriginal and treaty rights
Nature, assertion and categories of aboriginal rights
Treaty rights
Other types of rights
Reconciliation of aboriginal and treaty rights with Crown sovereignty
Indigenous people
Legal recognition
Indian registration and band membership rules
Personal rights and property of Indians
Sentencing principles
Governance
Indian band government under the Indian Act and other federal laws
Margaret Buist, B.A. (Hons.), LL.B., is a lawyer, consultant and former senior executive with the Government of Canada with extensive experience in a variety of areas of Aboriginal law practice and policy development, including consultation, negotiations, economic development, Northern regulatory regimes, Indian Act registration, lands and social issues. She was called to the Ontario Bar in 1986, and she has worked across the country on Indigenous issues. She is currently a consultant in private practice.