Aboriginal Law

Commentary and Analysis

In this 4th edition of Aboriginal Law, Thomas Isaac highlights the most important aspects of Canadian law as it impacts on Aboriginal peoples and their relationship with the wider Canadian society. Unlike the previous three editions, this version does not contain case or legislative excerpts, all of which are readily available on the internet. Instead, the author focuses on commentary and analysis – looking at the broad picture of trends that are developing in the law. While covering important issues such as Aboriginal and treaty rights, constitutional issues, land claims, gathering rights, and the Indian Act, this book pays particular attention to the duty to consult and the important role of governments in reconciling Aboriginal interests with the needs of Canadian society as a whole. In discussing the Crown’s duty to consult the author canvasses when and to whom the duty applies. He further argues Canada’s Supreme Court has made clear that the onus to achieve reconciliation lies with the governments. While this is a law book, it is designed for use by anyone needing to understand Aboriginal legal issues and is presented in a non-judgmental way. All major Canadian cases dealing with Aboriginal law are discussed and analyzed in this volume.