Treaty Rights in the
Historic Treaties of Canada

Thomas Isaac & Kristyn Annis

Third in a series of Contemporary Themes in Aboriginal Law

The treaties between the Crown and First Nations are unique and hold a distinct position in Canadian law. The historic treaties in Canada, namely, those treaties entered into by the Crown prior to the era of comprehensive land claims and modern treaties beginning in the late 1970s, represent an important part of the relationship between the Crown and Aboriginal peoples.

In this monograph, authors Thomas Isaac and Kristyn Annis examine the legal interpretation of historical treaties in Canada and set out core legal principles from a wide array of case law, generated over decades. They present a straight-forward discussion of the relevance of the historic treaties in modern circumstances, helping the reader to understand:

  • what is a treaty
  • how courts interpret treaties and how the recognition of treaty rights in the Constitution Act, 1982 affects treaty rights and governmental authority
  • in what circumstances treaty rights can be infringed and how governments must justify infringement of treaty rights
  • what processes exist to deal with outstanding claims under the historic treaties of Canada
  • leading judicial treaty-rights decisions, including decisions outlining the Crown’s duty to consult Aboriginal peoples

The authors provide a brief overview of significant treaties negotiated between First Nations and the Crown in both the pre- and post-Confederation eras.

Treaty Rights in the Historic Treaties of Canada will be a useful resource for lawyers and consultants, Aboriginal peoples and organizations, provincial, territorial, municipal and Aboriginal governments, industry and business, students, and teachers.

Thomas Isaac is a partner with the law firm of McCarthy Tétrault LLP in Vancouver. He is a well-known and well-respected authority in Aboriginal law and has published numerous books and many articles in the area. Mr. Isaac’s published work has been cited with approval by numerous Canadian courts including the Supreme Court of Canada.

Kristyn Annis is an associate in the Business Law Group of McCarthy Tétrault LLP in Toronto. She practises in the areas of energy and Aboriginal law. Ms. Annis advises a wide range of clients across the energy sector and has particular experience with respect to First Nations and Métis issues.

 

Special Offer

Are you missing monographs from the series? Then take advantage of the following special offer when you purchase Treaty Rights in the Historic Treaties of Canada:


Aboriginal Title
$17.00 ... $12.75 (save 25%)

Métis Rights
$18.00 ... $13.50 (save 25%)

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