Aboriginal Peoples & The Law: A Critical Introduction
Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians.Aboriginal Peoples and the Lawresponds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.
This introduction to contemporary Aboriginal law lays the groundwork for any assessment of Canada’s claim to be a just society for Indigenous peoples.
Table of Contents
1 What Is Aboriginal Law?2 Historical Background3 Sovereignty and Aboriginal–Crown Relations4 Aboriginal Rights and Title5 Treaties6 Consultation, Accommodation, and Consent7 Indigenous and International Law8 A Just Society?Notes; Cases Cited; Index