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The Law of Treaties Between the Crown and Aboriginal Peoples

This book provides authoritative and comprehensive information and insight into the law concerning the treaties between the Aboriginal people in Canada and the Crown in Canada.
Publication Language: English

Softcover | 464 pages

In Stock
Published: June 30, 2010
ISBN/ISSN: 9780433461111

Product description

The First and Only Comprehensive Study on Crown-Aboriginal Treaty Law

This highly anticipated text is a follow-up to Aboriginal law expert Timothy McCabe's 2008 book, The Honour of the Crown and its Fiduciary Duties to Aboriginal Peoples. In writing this comprehensive volume, Mr. McCabe brings close to 25 years of experience as counsel for matters relating to Aboriginal law in Ontario, including numerous appearances in appeals and constitutional interventions in the Supreme Court of Canada. Mr. McCabe's study provides authoritative and comprehensive information and insight into the law concerning the treaties between the Aboriginal peoples and the Crown in Canada. This book:

  • Studies the nature and characteristics of Crown-Aboriginal treaties and the significance of these treaties in Canadian history and law
  • Gives an overview of Canadian law on treaties before and after the enactment of the Constitution Act, 1982
  • Looks at the relationship between treaties and Canadian federalism
  • Considers the key concept of the honour of the Crown and its relation to the treaties
  • Looks at the dramatic change in the legal landscape effected by section 35 of the Constitution Act, 1982
  • Frames the definition and scope of treaty rights, detailing ten aspects of the matter
  • Examines the problems of proof of treaty rights
  • Covers the regulation (and extinguishment) of treaty rights in light of section 35 of the Constitution Act, 1982
  • Sets out several principles of interpretation of treaties identified by the Supreme Court of Canada

Why Should Readers Buy This Book?

  • This is the first and only text devoted entirely to the exposition of law concerning Crown-Aboriginal treaties
  • This book is comprehensive and systematic in approach; clear and practical in effect
  • The author delivers an even-handed study on the law of treaties, as between the perspectives of the Aboriginal people in Canada on the one hand, and the perspective of the Crown and other interests in Canada on the other

Who Should Read This Book?

  • Aboriginal law practitioners
  • Aboriginal law scholars and students
  • Advisors and officers of Aboriginal governments and organizations
  • Practitioners who act for developers (and opponents) of forestry, oil and gas, mining and other natural resources, on lands subject to Aboriginal rights or claims
  • Crown counsel and other advisors and officers of the federal government, and provincial, territorial and local governments in Canada
  • Judges and members of administrative and quasi-judicial tribunals dealing with Aboriginal rights
  • Writers, journalists and other serious observers of the relation between Aboriginal people and the rest of Canadian society
  • Students of Canadian history, current events, and public affairs

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Table of contents

Chapter 1: The Treaties in Canadian History and Law
Chapter 2: The Law to April 17, 1982
Chapter 3: Constitution Act, 1982 and Its Aftermath
Chapter 4: Definition and Scope of Treaty Rights
Chapter 5: Treaties and the Honour of the Crown
Chapter 6: Principles of Interpretation of Treaties
Chapter 7: Proof of Treaty Rights
Chapter 8: Treaties and Canadian Federalism
Chapter 9: Regulation of Treaty Rights
Chapter 10: Extinguishment of Treaty Rights