Cover image for Aboriginal Peoples and the law : a critical introduction / Jim Reynolds.
Title:
Aboriginal Peoples and the law : a critical introduction / Jim Reynolds.
ISBN:
9780774880213
Publication Information:
Vancouver ; Toronto : Purich Press, 2018.

©2018
Physical Description:
xiii, 281 pages ; 23 cm
Contents:
What is Aboriginal law? -- Historical background -- Sovereignty and Aboriginal-crown relations -- Aboriginal rights and title -- Treaties -- Consultation, accommodation, and consent -- Indigenous and international law -- A just society?
Abstract:
"Can Canada claim to be a just society for Indigenous peoples? To answer the question, and as part of the process of reparation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds 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, treaties, fiduciary duties, the honour of the Crown, Aboriginal rights and title, the duty to consult, and Indigenous laws. He also discusses key international developments such as the United Nations Declaration on the Rights of Indigenous Peoples. He concludes by considering major questions that need to be resolved, including balancing Aboriginal and non-Aboriginal rights and interests and the benefits and drawbacks of using either litigation or negotiation to resolve Indigenous issues. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society."-- Provided by publisher.
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1 Bob Harkins Branch 342.710872 REY Book Adult General Collection
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Summary

Summary

The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship 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. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.


Author Notes

Jim Reynolds is an associate counsel with Mandell Pinder LLP, Vancouver, and former general counsel for the Musqueam Indian Band.


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