The Definitive Book on Canadian Aboriginal Governance
Butterworth's First Nations Governance Law was the first Canadian book on this growing area of the law when it was first published in 2006. This edition has been thoroughly revised and updated by the original authors and remains the number one resource for lawyers, Aboriginal band leaders and administrators, policy makers and others involved in Aboriginal governance matters.
Aboriginal Governance... An Ongoing Issue
The Indian Act of 1868 displaced traditional forms of Aboriginal government and the concept of original Aboriginal sovereignty was lost. Since then, First Nations have struggled to overcome a lack of resources and regain control of their destiny.
Today, Aboriginal communities across Canada continue to challenge the Indian Act and negotiate land claims. Legal issues are forever being raised and new legal developments are being made constantly. First Nations Governance Law, 2nd Edition is an important reference tool for anyone involved in these legal issues.
Get an In-depth Understanding
- Historical analysis of Aboriginal governance in Canada and the U.S. provides the context for today's Aboriginal governance issues
- Recent legislative and policy developments particularly those pertaining to taxation, land management, oil and gas revenues
- Recent self-government agreements and on-going agreements being negotiated
- Provides guidance to bands with steps that they should take when assuming control of their own membership and moving from elections under the Indian Act to custom elections
- Includes all the salient and updated legislation for Aboriginal governance, providing portable reference all in one source
New in This Edition - Thoroughly updated case law
- New chapters on financial management and taxation (in Part II) and the Inherent Right Policy (in Part III)
- New self-government agreements have been added and analyzed in chapter 10
- New and updated appendices
A Valuable Reference For - Aboriginal lawyers and law librarians - it's the only book entirely devoted to covering Aboriginal governance law in Canada
- Federal policy makers - with updated text providing full guidance on the law in this area
- First Nations band leaders - provides a detailed Aboriginal legislation resource
Part I: The Historical and Legal Context
Chapter 1: Aboriginal Governance and the U.S. Experience
Chapter 2: The Development of Canadian Policy and Legislation
Chapter 3: Contemporary Perspectives on Aboriginal Governance
Part II: Governance under the Indian Act
Chapter 4: Governance of Indian Act Bands
Chapter 5: Financial Management and Taxation
Chapter 6: Membership
Chapter 7: Elections
Chapter 8: Judicial Review
Part III: Self-Government Agreements
Chapter 9: The Inherent Right Policy
Chapter 10: Self-Government Agreements
Appendices
Appendix 1: Royal Proclamation, 1763
Appendix 2: Constitution Act, 1867
Appendix 3: Constitution Act, 1982
Appendix 4: Indian Act
Appendix 5: Indian Oil and Gas Act
Appendix 6: First Nations Land Management Act
Appendix 7: Budget Implementation Act, 2000
Appendix 8: First Nations Fiscal and Statistical Management Act (Updated)
Appendix 9: First Nations Oil and Gas and Moneys Management Act (Updated)
Appendix 10: First Nations Commercial and Industrial Development Act (Updated)
Appendix 11: Cree-Naskapi (of Quebec) Act
Appendix 12: Sechelt Indian Band Self-Government Act
Appendix 13: Yukon First Nations Self-Government Act
Appendix 14: Nisga'a Final Agreement
Appendix 15: Westbank First Nation Self-Government Act
Appendix 16: Tlicho Land Claims and Self-Government Act
Appendix 17: Indian Band Council Procedure Regulations
Appendix 18: Indian Band Election Regulations
Appendix 19: Indian Bands Council Method of Election Regulations
Appendix 20: Indian Bands Council Elections Order
Appendix 21: Indian Referendum Regulations
Appendix 22: Indian Bands Revenue Moneys Regulations
Appendix 23: Indian Band Revenue Moneys Order
Appendix 24: Indian Band Council Borrowing Regulations
Appendix 25: Indian Oil and Gas Regulations, 1995
Appendix 26: Indian Mining Regulations
Appendix 27: Indian Timber Regulations
Appendix 28: Aboriginal Self-Government Federal Policy Guide
Appendix 29: Conversion to Community Election System, 1996
Appendix 30: Custom Election Dispute Resolution Policy
Appendix 31: Indian Band Membership
Appendix 32: Sample Leadership Selection Code
Appendix 33: First Nations Goods and Services Tax Act S.C. 2003, c.15, Part 9 (New)
Brian A. Crane, LL.B., Q.C., Robert Mainville, LL.L., LL.M. & Martin W. Mason, LL.B.
Brian A. Crane, LL.B., Q.C., is a senior member of Gowling Lafleur Henderson LLP's Advocacy Law Group, where he practices Aboriginal, constitutional and administrative law. He is the leader of the Aboriginal Practice Group in Ottawa. He appears as counsel before the Supreme Court of Canada, the Federal Court and Ontario Superior Court. He has also worked extensively in the negotiation of Aboriginal land claims, self-government agreements and related litigation and mediation.
Robert Mainville, LL.L., LL.M., practices mainly in the field of Aboriginal law and has worked for almost 30 years in administrative and constitutional law, and commercial law. He is the head of the National Aboriginal Practice Group of Gowling Lafleur Henderson LLP. He holds an LL.M. degree from McGill University and has lectured in Aboriginal law at McGill and the Université du Québec a Montréal. Mr. Mainville has acted before all levels of the judicial system, including the Supreme Court of Canada.
Martin W. Mason, LL.B., is a senior litigator in the Ottawa office of Gowling Lafleur Henderson LLP. His areas of specialization include administrative law, constitutional law and civil litigation. He has extensive public sector experience and has participated in developing legislation through the constitutional law section of the Canadian Bar Association, and appearances before Senate Committees. Mr. Mason teaches constitutional law in the Faculty of Law at the University of Ottawa.
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