Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.

In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.

Delgamuukw. Sixties Scoop. Bill C-31. Blood quantum. Appropriation. Two-Spirit. Tsilhqot’in. Status. TRC. RCAP. FNPOA. Pass and permit. Numbered Treaties. Terra nullius. The Great Peace… Are you familiar with the terms listed above? In Indigenous Writes, Chelsea Vowel, legal scholar, teacher, and intellectual, opens an important dialogue about these (and more) concepts and the wider social beliefs associated with the relationship between Indigenous peoples and Canada. In 31 essays, Chelsea explores the Indigenous experience from the time of contact to the present, through five categories—Terminology of Relationships; Culture and Identity; Myth-Busting; State Violence; and Land, Learning, Law, and Treaties. She answers the questions that many people have on these topics to spark further conversations at home, in the classroom, and in the larger community. Indigenous Writes is one title in The Debwe Series.

Australian Native Title Law Second Edition annotates the Native Title Act 1993 (Cth) and analyses the common law principles applicable to native title. It explains the essential concepts and principles which underpin it, including relevant principles of constitutional, property and discrimination law, referencing a range of relevant authority and materials. The First Edition published in 2004 and was comprised of introductory explanatory chapters followed by a detailed annotation to the Native Title Act 1993 (Cth) and extensive reforms made in 1998 in light of the Wik decision. Since that time, some 27 amending Acts have come into force. The much-awaited Second Edition builds upon these foundations by bringing the Act up-to-date and providing detailed commentary on the more important of these amendments, in particular the Native Title Amendment Act 2007, the Native Title Amendment (Technical Amendments) Act 2007 and the Native Title Amendment Act 2009. The book now draws upon over 1,000 cases, including leading recent High Court decisions such as Queensland v Congoo (2015), Western Australia v Brown (2014), Karpany v Dietman (2013), and Akiba v Commonwealth (2013). Significant contributions from leading practitioners in the field are included, with a new section addressing proof of native title. Both new and experienced practitioners, decisions-makers, academics and students alike will find Australian Native Title Law Second Edition of invaluable assistance.

Compiled by two skilled librarians and a Taiwanese film and culture specialist, this volume is the first multilingual and most comprehensive bibliography of Taiwanese film scholarship, designed to satisfy the broad interests of the modern researcher. The second book in a remarkable three-volume research project, An Annotated Bibliography for Taiwan Film Studies catalogues the published and unpublished monographs, theses, manuscripts, and conference proceedings of Taiwanese film scholars from the 1950s to 2013. Paired with An Annotated Bibliography for Chinese Film Studies (2004), which accounts for texts dating back to the 1920s, this series brings together like no other reference the disparate voices of Chinese film scholarship, charting its unique intellectual arc. Organized intuitively, the volume begins with reference materials (bibliographies, cinematographies, directories, indexes, dictionaries, and handbooks) and then moves through film history (the colonial period, Taiwan dialect film, new Taiwan cinema, the 2/28 incident); film genres (animated, anticommunist, documentary, ethnographic, martial arts, teen); film reviews; film theory and technique; interdisciplinary studies (Taiwan and mainland China, Taiwan and Japan, film and aboriginal peoples, film and literature, film and nationality); biographical materials; film stories, screenplays, and scripts; film technology; and miscellaneous aspects of Taiwanese film scholarship (artifacts, acts of censorship, copyright law, distribution channels, film festivals, and industry practice). Works written in multiple languages include transliteration/romanized and original script entries, which follow universal AACR-2 and American cataloguing standards, and professional notations by the editors to aid in the use of sources.

John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.

This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.