Aboriginal Law, Fourth Edition: Commentary and Analysis by Thomas Isaac

By Thomas Isaac

Thomas Isaac seems to be on the large photograph of traits which are constructing within the legislations and the heritage, highlighting features of Canadian legislations that affects Aboriginal peoples and their courting with the broader Canadian society. whereas protecting matters akin to Aboriginal and treaty rights, constitutional concerns, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this e-book can pay specific realization to the Crown’s responsibility to refer to. The splendid courtroom of Canada has essentially said that reaching reconciliation among Aboriginal pursuits with the wishes of Canadian society as a complete lies essentially with governments, which Isaac outlines.

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Extra resources for Aboriginal Law, Fourth Edition: Commentary and Analysis

Sample text

35(1) . . 149 As this excerpt illustrates, the range of justifiable legislative objectives relating to proven Aboriginal title is very broad. Nonetheless, as the SCC went on to state, “[w]hether a particular measure or government act can be explained by reference to one of those objectives . .

Governments across Canada have been challenged in implementing the Crown’s duty to consult and putting into place legal and regulatory regimes that are respectful of the principle of the “honour of the Crown” on the one hand, and provide reasonable stability, predictability, and transparency for government decision-making on the other hand. The tension associated with the reconciliation of these two principles — adhering to the requirements of the “honour of the Crown” and providing regulatory certainty — will likely continue to dominate this area of Canadian law for the foreseeable future.

Catarat,129 Krueger J. held that being able to hunt from and on a particular lake abundant with wildlife was a preferred means, and that being deprived of the ability to hunt at that location was an undue hardship. The Court rejected the Crown’s argument that there was no infringement because other hunting areas were available, concluding that with only a weekend to hunt and with the expense of having to fly to a hunting site it was important that the respondents be assured a successful hunt. 6 Justification of Infringement If a prima facie infringement is established, the onus shifts to the Crown to demonstrate that the infringement is justified under the two-part test set out in Sparrow:131 (a) Was the Crown pursuing a valid legislative objective?

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