National Network for Equitable Library Service

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework.

Research on Indigenous issues rarely focuses on life in major metropolitan centres. Instead, there is a tendency to frame rural locations as emblematic of authentic or "real" Indigeneity. While such a perspective may support Indigenous struggles for territory and recognition, it fails to account for large swaths of contemporary Indigenous realities, including the increased presence of Indigenous people in cities. The contributors to this volume explore the implications of urbanization on the production of distinctive Indigenous identities in Canada, the US, New Zealand, and Australia.

This updated edition of Treaty Talks in British Columbia traces the origins and development of treaty negotiations in the province and includes a postscript, co-authored with Peter Colenbrander, that provides an extensive overview of the treaty process from 2001 to 2009. The authors outline the achievements of and challenges for the treaty process and review some of the most recent jurisprudence affecting Native and non-Native rights.

In this book, Christopher McKee traces the origins and development of treaty negotiations in British Columbia. Through examination of Native peoples'concerns, such as their role in natural resource development and the issue of compensation for lands and resources lost to industry and urban development, he analyzes conflicting points of view on the treaty-making process and suggests alternatives for a consensus.

Whether the approximately 500 million Indigenous peoples of the world live in Canada, the United States, Australia, India, Peru, or Russia, they have faced a similar fate at the hands of colonizing powers. That fate has included assaults on their language and culture, commercialization of their art, and use of their plant knowledge in the development of medicine, all without consent, acknowledgement or benefit to them. The authors paint a passionate picture of the devastation this assault has wrought on Indigenous peoples.

Legal traditions respond to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected Māori law and the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling, Jones’s nuanced reflections on the claims process show how Western legal thought has shaped treaty negotiations.

Historically, Aboriginal People have had little influence on the development of Native policy from within government. As a result, national, provincial, and regional Native political organizations have developed to lobby government on Native Peoples issues. Joe Sawchuk defines the various native groups in Canada and examines the origins of the organizations that represent them.

Countless books and articles have traced the impact of colonialism and public policy on Canada's First Nations, but few have explored the impact of Aboriginal thought on public discourse and policy development in Canada. First Nations, First Thoughts brings together Aboriginal and non-Aboriginal scholars who cut through the prevailing orthodoxy to reveal Indigenous thinkers and activists as a pervasive presence in diverse political, constitutional, and cultural debates and arenas, including urban spaces, historical texts, public policy, and cultural heritage preservation.

"[W]hen precisely does a duty to consult arise? The foundation of the duty in the Crown's honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it." Chief Justice Beverley McLachlin, Supreme Court of Canada, Haida Nation v. British Columbia, 2004.

Just as dahshaa – a rare type of dried, rotted spruce wood – is essential to the moosehide-tanning process in Dene culture, self-determination and the alleviation of social suffering are necessary to Indigenous survival in Northwest Territories. But is self-government an effective path to self-determination?