Permission To Develop

Aboriginal Treaties, Case Law and Regulations

Jerry P. White, Paul Maxim, and Nicholas Spence (Editors)

ISBN 978-1-55077-145-9, First, 2004

304,$49.95

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Permission to Develop is a unique, Canadian resource that legal practitioners, researchers, and policy-makers will find valuable in their work. It provides a framework for understanding the complex web of agreements, legislation, case-law, and regulations pertaining to Aboriginal rights and claims at both the federal and provincial/territorial levels. It also provides insight into the legal constraints that structure the economic development of First Nations in Canada.

Description Description	About The Author About The Author	Table of Contents Table of Contents	Classroom Support Classroom Support
Section I examines the principles underlying Aboriginal rights and the history of Aboriginal claims to land and resources. The notion of the treaty as a sacred exchange between the Crown and Aboriginal societies is explored, as is the fiduciary relationship created between the Crown and Aboriginal peoples. Special attention is given to the Constitution Act of 1982 which, for the first time, affirmed Aboriginal treaty rights. The division of powers between the federal and provincial/territorial levels of government is also examined, and there is an in-depth look at the Indian Act, Indian Oil and Gas Act, the Federal-Provincial Resource Agreements on Reserve Lands, the Fisheries Act, the Migratory Birds Convention Act, and the First National Land Management Act. Section II provides a province-by-province breakdown of major legislation, regulations, and treaties with special attention to Aboriginal rights to land and resources. Complex issues that are unique to particular regions and provinces are also examined in this section, including modern agreements and treaties (such as the Nisga’a of British Columbia) and currently unresolved land claims (such as the Atikamekw and Montagnais claims). Permission to Develop is more than a reference book. It is the first comprehensive and integrated attempt to assess Aboriginal treaties, laws, and regulations at all levels of government. It is essential reading for those interested in the legal issues pertaining to Aboriginal communities, Aboriginal economic development, and the politics and the sociology of First Nations. Editors Jerry P. White University of Western Ontario Professor White is now Associate Dean (Graduate Studies, Policy and Planning) in Social Science with responsibilities for graduate affairs, strategic planning, and in the development of policy and review processes across the faculty, including both interdisciplinary activities and Aboriginal affairs. He is the Director of the Aboriginal Policy Research Consortium and has authored several books on Aboriginal policy. Paul Maxim University of Western Ontario Paul Maxim is Associate Dean (Research) of the Faculty of Social Science, University of Western Ontario. He is co-director of the First Nations Cohesion Project at Western and co-author of Aboriginal Conditions: The Research Foundations of Public Policy (UBC Press, 2003). Nicholas Spence University of Western Ontario Nicholas Spence holds a PhD in sociology from the University of Western Ontario. He has worked in Ottawa for the federal government, and he is currently an Adjunct Professor at the University of Western Ontario, affiliated with the department of sociology and the department of health sciences. His research expertise includes statistics and quantitative research methods, inequality/stratification, health, and education. Part One: Basic Principles Aboriginal Rights Origins of Aboriginal Title / Identifying the Content of Aboriginal Rights / Content of Aboriginal Title Treaty Rights Nature of Treaty Rights / Treaty Interpretation / Infringement of Aboriginal and Treaty Rights Crown Monopoly, Fiduciary Duty and Legislative Authority Crown Monopoly and Fiduciary Duty / Federal and Provincial Legislative Authority / Territorial Authority Part Two: Federal Regulation Federal Regulation of Resources on Reserve Lands Indian Act / Indian Mining Regulations / Indian Oil and Gas Act / Indian Mining Regulations / Indian Timber Regulations / Forestry Exploitation on Reserve Lands / First Nations Forestry Program / Forestry Exploitation and Management on Traditional Land / Indian Oil and Gas Act / Indian Oil and Gas Regulations / Federal-Provincial Resource Agreements on Reserve Land / Fisheries Act / Aboriginal Communal Fishing Licences Regulations / Fisheries (General) Regulations / Marine Mammal Regulations / Aboriginal Fisheries Strategy / First Nations Affected by the Decision in R. v. Marshall / Migratory Birds Convention Act / First Nations Land Management Act Part Three: Provincial Regulation Ontario Canada-Ontario Agreement / Mineral Potential on Indian Reserve Lands in Ontario / Provincial Legislation / Ontario Treaties / Métis Resource Rights / Public Safety and Harvesting Activities / Current Land Claims Newfoundland and Labrador Provincial Legislation / Modern Agreements / Inuit Land / The Settlement Area / Current Land Claims British Columbia Reserves Established on Federal Lands / Land Set Aside by Executive Action / Mineral Potential on Indian Reserve Lands in British Columbia / Provincial Legislation / British Columbia Agreements and Treaties / Modern Agreements and Treaties / Caselaw in British Columbia Yukon and the Northwest Territories Mineral Potential on Indian Reserve Lands in the Yukon / Mineral Potential on Indian Reserve Lands in the Northwest Territories / Territorial Legislation / Yukon and Northwest Territories Treaties / Modern Agreements / Caselaw in the Yukon and Northwest Territories Alberta, Saskatchewan and Manitoba Treaties in the Prairie Provinces / General Comment about Treaties in the Prairie Provinces Alberta Mineral Potential on Indian Reserve Lands in Alberta / Métis Agreement Manitoba Mineral Potential on Indian Reserve Lands in Manitoba / Treaties of Manitoba / Land Set Aside by Executive Act / Modern Agreements Saskatchewan Mineral Potential on Indian Reserve Lands in Saskatchewan / Modern Agreements Quebec Mineral Potential on Indian Reserve Lands in Quebec / Provincial Legislation / Modern Agreements / Current Land Claims / Caselaw in Quebec Nunavut Nunavut Land Claims Agreement / 5 Year Review – 1993 to 1998: Implementation of the Nunavut Land Claims Agreement Nova Scotia, New Brunswick and Prince Edward Island Resource Transfer Agreements in New Brunswick and Nova Scotia / Mineral Potential on Indian Reserve Lands in the Atlantic Provinces / Provincial Legislation / Treaties of the Maritimes Instructor's Manual There is no classroom support for this text.

Thompson Educational Publishing

Permission To Develop

Permission To Develop

Aboriginal Treaties, Case Law and Regulations

Editors

Jerry P. White

University of Western Ontario

Paul Maxim

University of Western Ontario

Nicholas Spence

University of Western Ontario

Part One: Basic Principles

Part Two: Federal Regulation

Part Three: Provincial Regulation

Instructor's Manual