The 2012 Annotated Indian Act and Related Aboriginal Constitutional Provisions

Description:

• Table of Cases
• Indian Act
• Selected Indian Act Regulations
• First Nations Land Management Act
• Department of Indian Affairs and Northern Development Act
• Indian Oil and Gas Act
• Indian Oil and Gas Regulations, 1995
• Highlights of other relevant legislation
• Constitution Acts
• Royal Proclamation
• Selected Supreme Court of Canada summaries
• Glossary
• Index

• The circumstances whereby guaranteed investment certificates may be found non-taxable is discussed in new Supreme Court of Canada decisions, Bastien Estate v. Canada (2011, S.C.C.) and Dubé v. Canada (2011 S.C.C.)
• After having registered as Indians in 1985, a family of long-time Métis were refused registration as Métis under the Métis Settlement Act, which refusal the Supreme Court of Canada upheld: Alberta (Aboriginal Affairs and Northern Development) v. Cunningham, (2011 S.C.C.)
• The Federal Court of Appeal upheld the denial of exemption of a member's logging business, which had performed some work off-reserve and which had some customers from off the reserve in Pelletier v. Canada, (2011, F.C.A.)
• Chief and Council's decision to remove a Council member in absentia was reversed by the Federal Court for having breached the duty of fairness in Laboucan v. Little Red River Cree Nation No. 447, (2011, F.C.A.)
• Though First Nations were required to have absolute priority in allocation of fish for food, social and ceremonial purposes, the question of whether they should receive priority in time will hinge on the circumstances: R. v. Quipp, (2011 B.C. C.A.)