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.
The
2007 Annotated Indian Act and Aboriginal Constitutional Provisions
contains:
- Table of Cases
- Indian Act
- Selected Indian Act Regulations
- First Nations Land Management Act
- Department of Indian Affairs and Northern Development Act
- Indian Oil and Gas Act
- Indian Oil and Gas Regulations, 1995
- Highlights of other relevant legislation
- Constitution Acts
- Royal Proclamation
- Selected Supreme Court of Canada summaries
- Glossary
- Index
The 2007 edition also 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 (enables any First Nation subject to the Indian Act to assume direct
management and regulation of oil and gas exploration and exploitation currently
carried out on its behalf by Indian Oil and Gas Canada, and allows any First
Nation to receive and manage moneys derived from any source on reserve lands
otherwise retained or collected and managed on its behalf by the Minister of
Indian Affairs and Northern Development).
- Labrador Inuit Land Claims Agreement Act, S.C. 2005, c. 27
(gives effect to the Labrador Inuit Land Claims Agreement signed on January 22,
2005 by the Labrador Inuit Association, the Government of Newfoundland and
Labrador and the Government of Canada).
This is an annual publication. The 2007 edition was released
January 2007. |
