Aboriginal Aministrative Law: The New Realities

This book is essential for: all Aboriginal law lawyers in private practice and government; others whose focus is on Aboriginal law issues will also benefit, including First Nations leaders, employees of First Nations or First Nations organizations, in-house counsel, and law students

Current to: March 2009 

CONTENTS 

• why administrative law matters to first nations: the range of decision-making powers under legislation concerning first nations, administrative law basics
• administrative justice reforms in British Columbia—some best practices for tribunal design: overview of recent reforms, independence and accountability, the tribunal tool kit, new tribunal processes
• federal considerations regarding enforcement and adjudication of aboriginal government laws and the use of administrative sanctions: the administrative monetary penalty system (AMPs)
• the Nisga’a experience—the Nisga’a Administrative Decisions Review Board: procedures for filing complaints, related legislation, statutory powers of review
• practical implications of administrative law in the first nations context—the Westbank First Nation experience: what does an aboriginal community need to build effective governance structures?
• processes of the Tsawwassen first nation: developing aboriginal administrative law, expressing administrative law principles in treaty, the ripple effect on the British Columbia court systems
• creating space in the BC court systems—implementation of the Tsawwassen First Nation Final Agreement: planning and pre-implementation activities to date, substantive issues concerning implementation and integration