Standoff by Bruce McIvor -- Read -- Imperial Library of Trantor

Index

Half Title Page Title Page Copyright Dedication Table of Contents Preface Acknowledgements Residential Schools and Reconciliation: A Canada Day Proposal

The Doctrine of Discovery A Long Shadow Repudiate the Doctrine of Discovery

Negotiate or Litigate? Who Are the “aboriginal peoples of Canada”?

Why It Matters

Indigenous Identity and Canadian Law: A Personal Journey A New Legal Remedy for Indigenous People

Why It Matters

What Does the Daniels Decision Mean?

What the Court Said What the Court Did Not Say Why It Matters

How to Fulfill the Duty to Consult

Duty to Consult Is Not Public Consultation Minimum Requirements Consultation Plus Consent-Based Reconciliation

The Piecemeal Infringement of Treaty Rights

Why It Matters

The Duty to Consult—A Second-Best Alternative

Enge v. Mandeville et al., 2013 NWTSC 33 R. v. Hirsekorn, 2013 ABCA 242 Why It Matters

Columbus’s Ghost: Past Infringements and the Duty to Consult

Why It Matters

The Groundhog Day Conundrum

What the Court Said Why It Matters

Breathing Life Back into the Duty to Consult

What the Court Said Why It Matters

The Duty to Consult—A Roadblock to Direct Action

Behn v. Moulton Contracting Ltd., 2013 SCC 26 What the Court Said Why It Matters

The Duty to Consult as an Ongoing Obligation

Why It Matters

The Age of Recognition: The Significance of the Tsilhqot’in Decision

Treaties—The Jig Is Up

Provinces Burdened with Fulfilling Treaty Promises Environmental Assessments and the Duty to Consult Is the Duty to Consult Clear as Mud? Implications of the Tsilhqot’in Decision Canada’s Misguided Land Claims Policy

Colonization as Reconciliation Extinguishment Is Not the Answer Canada’s Flawed Approach Reconciliation Based on Recognition

The Duty to Consult—A Narrow Vision

Why It Matters

Good News for the Duty to Consult

Skip Ahead If Case Law Bores You Back to the Interesting Stuff Court Decisions Referred To

The Duty to Consult at the Supreme Court in 2017

Delegation Delegation Principles Implications Accommodation Accommodation and Administrative Tribunals Accommodation and Balancing of Interests Reasonableness and Accommodation Existing Infringements Environmental Assessments Remedy Summing Up

Change of Direction Required: Mikisew Cree First Nation v. Canada

What It’s About What the Court Said The Majority The Dissent Why It Matters

Saving the Specific Claims Tribunal: Williams Lake Indian Band v. Canada (2018)

Background on Specific Claims What It’s About

Treaties at Risk: The Fort McKay First Nation

Why It Matters

A Pipeline Too Far: The Problem with the Duty to Consult Reconciliation at the End of a Gun: The Wet’suwet’en and the RCMP The Wet’suwet’en, Aboriginal Title and the Rule of Law: An Explainer

What about support for the project from the Wet’suwet’en elected chiefs and councils? But aren’t the Indian Act chiefs and councils democratically elected? But what about the “rule of law”? Isn’t this Crown land? But what about the Wet’suwet’en not having proven their Aboriginal title in court?

The Wet’suwet’en, Governments and Indigenous Peoples: A Five-Step Plan for Reconciliation

1. Renounce violence against Indigenous people 2. Implement UNDRIP 3. Fulfill the federal government’s role 4. Sign recognition agreements 5. Embrace consent-based decision-making Which Way, Canada?

Consent Is Not a Four-Letter Word: What Next for the Trans Mountain Pipeline?

Addendum

A Monument to Racism: BC Doubles Down on Site C Dam

Why It Matters Looking ahead

Why Quebec but Not Indigenous Appointments to the Supreme Court? Reconciliation as a Massive Failure The Case for Denying Indigenous Rights A Cold Rain Falls: Canada’s Proposed UNDRIP Legislation Colonialism’s Disciples: How Government Undermines Indigenous People Made of Sterner Stuff—The Problem with Allies How the Canadian Legal System Fails Indigenous People Further Reading

Aboriginal and Treaty Rights Indigenous Law International, Indigenous and Canadian Law Aboriginal Law Case Summaries and Commentary Commissions and Inquiries Indigenous Resurgence and Reconciliation Settler Colonial Law and Decolonization

Index I: General Index II: Court Decisions About the Author

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