Aboriginal Law: Solicitors' Issues-2009 Update

This book is essential for: all solicitors and Aboriginal law lawyers in private practice, industry, and government; others who focus 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: November 2009 

The practice of Aboriginal law is in large part the solicitor’s practice. Every day a myriad of issues demanding attention and action come across the solicitor’s desk. Aspects of governance and economic development unique to First Nations are a challenge when drafting agreements. This comprehensive book focuses on governance and economic development in two areas. The first half of the book focuses on land management and economic development of reserve land under the Indian Act and first nation land under the First Nations Land Management Act, and discusses the pros and cons and “lessons learned” of each regime. The second half deals with the many issues around interests of First Nations in traditional lands and resulting agreements with government and industry, with a focus on the legal framework for such agreements and a practical approach to negotiation, drafting, and implementation. This is an excellent resource for any Aboriginal law library.

CONTENTS

• land management and economic development under the Indian Act: nature of reserve landholdings, types of rights and interests, substantive negotiations, common ethical issues; absolute surrender and designation process: requirements and process
• land management and economic development under the First Nations Land Management Act: background, basic principles, the process, some features of the First Nations Land Management Initiative
• overview of Aboriginal land regimes in British Columbia
• reserve land registries: Indian land registry information, online land related resources, accessing information on the NCRAN website
• accommodation agreements: justification, objectives, and principles, types of agreements, substantive elements, issues for negotiation, sample agreement, matrix of elements from various BSAs; “top ten” accommodation agreement negotiation issues