Aboriginal Peoples and the Law: A Critical Introduction

by Jim Reynolds

The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship 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. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.

Genres: Indigenous, Law

296 pages, Kindle Edition

Published May 15, 2018

Reviews

[Cyrus Molavi · Rating 5 out of 5]

An introduction into the world of Aboriginal Law that walks through the key developments from landmark cases without diving too deeply into the fact patterns. I think if it was any deeper I would restrict its audience to legally trained folks.

I appreciate the structure of the content and think the author does a great job of describing "what is" while separating out his assessment. This clarifies understanding.

I feel I now have a much better handle on Numbered Treaties vs. Modern Land Agreements, Aboriginal Rights and Title, section 35, judicial law making, the duty to consult, and negotiation vs. litigation. Even the four stages of Canada's relationship with Indigenous peoples was new to me.

The broader understanding of the legal situation is valuable enough, but I think having these concepts laid out as they are has really driven home their tragic absurdity. Not that that was ever in question, but seeing the lengths to which the players are going to engage in a deeply unfair process--which purports to be the institution of justice, no less--is just another one of those Growing Up moments where one of the ways in which the world works is confirmed to be fucked.

But to repeat what many have observed: why would anyone expect an institution of maintaining and enforcing sovereignty to work against its own existence? Or: How is there no conflict of interest when the party that is deciding what's fair has interests in the land, property, opportunity, and future costs of the decision? Yes, pretty tame observations, here; but the book really does give you a good tour of how the law has performed some pretty wild backflips to limit the meaningful exposure of risk to the colonial nation of property loss and financial obligation.

[Ben · Rating 5 out of 5]

Important Read

This was a very important law read.

Another recent Indigenous book of personal interest, I really enjoyed this book.

I loved how the book was laid out - Reynolds did an outstanding job with the information and how it is presented.

4.8/5