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The 2006 Annotated Indian Act and Related Aboriginal Constitutional Provisions
by Shin Imai

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The 2006 Annotated Indian Act and Related Aboriginal Constitutional Provisions 
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  The only portable annotation of the constitutional provisions relating to Aboriginal peoples includes s. 35(1) (Aboriginal and Treaty rights), s. 91(24) (division of powers), the Natural Resources Transfer Agreement and s. 15 of the Charter (equality rights). The consolidation of the Indian Act and Regulations contains hundreds of annotations, as well as the full texts of the Indian Oil and Gas Act and the First Nations Land Management Act. The publication includes features such as a brief annual review of the law, highlights of other legislation related to Aboriginal peoples and a summary of the most important Supreme Court of Canada cases on Aboriginal peoples.

The past year has seen many important aboriginal cases, including several Supreme Court of Canada decisions:

• Duty to Consult – when does this right exist and when it has been met. Haida Nation v. British Columbia (Minister of Forests) (S.C.C.); Taku River Tlingit First Nation v. British Columbia (Project Assessment Director (S.C.C.); Musqueam Indian Band v. British Columbia (Minister of Sustainable Resource Management) (B.C. C.A.); Huu-Ay-Aht First Nation v. British Columbia (Minister of Forests) (B.C. S.C.); Musqueam Indian Band v. Richmond (City) (B.C. S.C.)
• Fiduciary Duties – The Courts have examined the Crown’s fiduciary relationship toward Aboriginal peoples and have further defined when this duty does, and does not, exist. Glastone v. Canada (Attorney General) (S.C.C.); Stoney Band v. R. (F.C.A.)
• Aboriginal Title and Treaty Rights – The Supreme Court looked at the amount of “use” a particular piece of land is required to have, in order to establish aboriginal title to it. R v. Marshall (S.C.C.); R v. Bernard (S.C.C.).

Shin Imai is currently a member of the faculty at Osgoode Hall Law School. His prior experience includes being a staff lawyer at Keewaytinok Native Legal Services, having a private practice in Toronto and acting as the Aboriginal Issue Co-ordinator for the Ontario Ministry of the Attorney General. He is the author of Aboriginal Law Handbook, 2nd Edition and The Annotated Indian Act and Related Aboriginal Constitutional Provisions.

Details
Quantity:No item(s) available
Weight:1.03 kg
Price: CDN$ 84.00 (US$ 81.74)
 
ISBN-10:0459242075
ISBN-13/EAN:9780459242077
Author:Shin Imai
Publisher:Thomson Carswell
Toronto
Publication Date:12/2005
Pages:740 pp
Size/Dimensions:9 x 6
Binding:Softcover

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