Table of Contents

  1. Preface
  2. Acknowledgements
  3. Residential Schools and Reconciliation: A Canada Day Proposal
  4. Negotiate or Litigate?
  5. Who Are the “aboriginal peoples of Canada”?
  6. Indigenous Identity and Canadian Law: A Personal Journey
  7. A New Legal Remedy for Indigenous People
  8. What Does the Daniels Decision Mean?
  9. How to Fulfill the Duty to Consult
  10. The Piecemeal Infringement of Treaty Rights
  11. The Duty to Consult—A Second-Best Alternative
  12. Columbus’s Ghost: Past Infringements and the Duty to Consult
  13. The Groundhog Day Conundrum
  14. Breathing Life Back into the Duty to Consult
  15. The Duty to Consult—A Roadblock to Direct Action
  16. The Duty to Consult as an Ongoing Obligation
  17. The Age of Recognition: The Significance of the Tsilhqot’in Decision
  18. Provinces Burdened with Fulfilling Treaty Promises
  19. Environmental Assessments and the Duty to Consult
  20. Is the Duty to Consult Clear as Mud?
  21. Implications of the Tsilhqot’in Decision
  22. Canada’s Misguided Land Claims Policy
  23. The Duty to Consult—A Narrow Vision
  24. Good News for the Duty to Consult
  25. The Duty to Consult at the Supreme Court in 2017
  26. Change of Direction Required: Mikisew Cree First Nation v. Canada
  27. Saving the Specific Claims Tribunal: Williams Lake Indian Band v. Canada (2018)
  28. Treaties at Risk: The Fort McKay First Nation
  29. A Pipeline Too Far: The Problem with the Duty to Consult
  30. Reconciliation at the End of a Gun: The Wet’suwet’en and the RCMP
  31. The Wet’suwet’en, Aboriginal Title and the Rule of Law: An Explainer
  32. The Wet’suwet’en, Governments and Indigenous Peoples: A Five-Step Plan for Reconciliation
  33. Consent Is Not a Four-Letter Word: What Next for the Trans Mountain Pipeline?
  34. A Monument to Racism: BC Doubles Down on Site C Dam
  35. Why Quebec but Not Indigenous Appointments to the Supreme Court?
  36. Reconciliation as a Massive Failure
  37. The Case for Denying Indigenous Rights
  38. A Cold Rain Falls: Canada’s Proposed UNDRIP Legislation
  39. Colonialism’s Disciples: How Government Undermines Indigenous People
  40. Made of Sterner Stuff—The Problem with Allies
  41. How the Canadian Legal System Fails Indigenous People
  42. Further Reading
  43. Index I: General
  44. Index II: Court Decisions
  45. About the Author