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Supreme Court Law Review, 2nd Series, Volume 83

This volume is a collection of 12 papers examining how recent aboriginal law developments create opportunities and challenges for economic developments in both the Indigenous communities and the Canadian economy.
Publication Language: English
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$200.00
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ISBN/ISSN: 9780433496816

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As the country's highest appellate court, the Supreme Court of Canada produces the nation's most authoritative jurisprudence. Since its initial publication in 1980, the Supreme Court Law Review offers a thorough analysis of key decisions by the Supreme Court, while critically examining the soundness of those decisions. This highly regarded title remains one of the top annual publications in law libraries and institutions across Canada and worldwide.

Now in its second series, the Supreme Court Law Review publishes 4-5 times a year.

Volume 83 is a collection of 12 papers examining how recent aboriginal law developments create opportunities and challenges for economic developments in both Indigenous communities and the Canadian economy. It offers a unique discussion of how aboriginal public law connects to private law and serves to present practical advice to those who are involved in business with Indigenous communities.

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Table of contents

PART I: INTRODUCTION

    1. Business Implications from a Public Law Doctrine: Judicial Interpretations of Canada's Indigenous Rights Clause and their Relationship to Economic Reconciliation - Dwight Newman

    PART II: CONTEXTS FOR UNDERSTANDING BUSINESS IMPLICATIONS OF ABORIGINAL LAW

      2. Business and Indigenous Rights: Reflection After 35 Years of Talking About Section 35 - The Honourable Ian Binnie
      3. Reconciliation: From Principle to Practice - Thomas Isaac
      4. Indigenous Business and Canadian Law: Defining Commercial Opportunities for Indigenous Entrepreneurs and Communities - Ken Coates and Blaine Favel

      PART III: ECONOMICS AND ABORIGINAL LAW

        5. Market Reactions to Aboriginal Rights: A Look at Canada's Resource Industries - Cherie Metcalf
        6. Aboriginal Title Claims to Private Land and the Legal Relevance of Disruptive Effects - Malcolm Lavoie

        PART IV: STRUCTURAL IMPLICATIONS OF ABORIGINAL RIGHTS

          7. Reconciling the Irreconcilable: Major Project Development in an Era of Evolving Section 35 Jurisprudence - Bernard J. Roth
          8. Navigating a Changing Landscape: Challenges and Practical Approaches for Project Proponents and Indigenous Communities in the Context of the Review and Assessment of Major Projects - Keith Bergner
          9. Third Party Rights in the Context of Aboriginal Consultation and Negotiations - Robin M. Junger

          PART V: DEVELOPING BUSINESS LAW FOR INDIGENOUS ECONOMIC GROWTH

            10. Indigenous Entrepreneurship and Social Entrepreneurship in Canada - Gail E. Henderson
            11. Judgment Enforcement Law in Indigenous Communities – Reflections on the Indian Act and Crown Immunity from Execution - Anna Lund
            12. Real Property Security on Indigenous Lands - Scott Hitchings