Aboriginal Law in Canada Updates

2020-5 Woodward Native Law This Release includes some updates to the law, and important revisions to the section Words and Phrases: Words and Phrases. The field of aboriginal law is inherently about definitions. Ever since 1763, when the Royal Proclamation created special laws for the protection of the lands of the “several Tribes and Nations of […]

2020-4 Woodward Native Law This Release includes updates to the law in the following important areas: Both Canada and the Provinces are bound by fiduciary obligations and the principle of the Honour of the Crown. See cases and explanatory notes at paragraphs 3§1270, 3§1390, 3§1840, and 4§125. Labour law: Provincial labour laws may apply to emergency medical services on […]

2020-3 Woodward Native Law This Release includes updates to the law in the following important areas: Whether public schools may offer an Indigenous cultural component. The B.C. Supreme Court held that it does not offend religious freedoms for a school to host demonstrations of Indigenous beliefs and practices. See paragraph 14§245. Canada’s new Indigenous Child Welfare legislation. An […]

2020-2 Woodward Native Law This Release includes updates to the law in the following important areas: Major change to organization of the federal government. This release reflects the changes to the former Department of Indian Affairs and Northern Development, which has been split into two departments: the Department of Crown-Indigenous Relations and Northern Affairs, and the […]

2020-1 Woodward Native Law This Release includes updates to the law in the following important areas: “Public Body”. A band, as a “public body” can be subjected to the minimum $100,000 fine for violation of the Canadian Environmental Protection Act, 1999. Further, the law is developed relating to what “body of Indians” means in s. 2(1) of […]

Please click here to view the  2019 Release 4 Publisher’s Note for Native Law

You can read the Publisher’s Notes for releases 2018-1 to 2018-5 here.

You can read the Publisher’s Notes for releases 2018-1 to 2018-5 here.

You can read the Publisher’s Notes for releases 2018-1 to 2018-5 here.  

You can read the Publisher’s Notes for releases 2018-1 to 2018-5 here.

You can read the Publisher’s Notes for releases 2018-1 to 2018-5 here.

The June 2016 updates to Native Law are now available in the looseleaf version as the text, as well as on ProView. Some of the new information available in this release is: A new judicial comment on the text. Justice Victoria Starr relied on two passages in Native Law in a recent Ontario Court of […]

Here’s a summary of some of the latest updates to Native Law: A new judicial comment on the text. Native Law was referred to with approval by Madam Justice Miriam Gropper of the BC Supreme Court in Bradfield Estate v Brydges, 2016 BCSC 189 at para 15. See Chapter 9, page 253. Supreme Court of Canada: Métis […]

Here are some highlights from the first 2016 update to Native Law: New Section: Judicial Comments on the Text. Native Law has been cited and relied upon dozens of times by the Courts. Passages from the text which have been particularly noted by judges are identified by chapter for easy reference. See the new red tab […]

The seventh and final 2015 update to Native Law contains the following additions: Native Law now includes an updated Directory of First Nations, which incorporates instances where First Nations have been referenced in the case law found in Chapter 2 (Sources of Aboriginal Law), as well as updated references to the case law in Chapter […]

Here are some of the new topics in Native Law 2015, Release #6 – December 2015: Meaningful high-level consultation affirmed – An important decision of British Columbia Court of Appeal reinforces the importance of early and meaningful consultation at the strategic level. The Court held that it is not good enough to delegate consultation to the operational […]

Here are some of the new topics in Native Law 2015, Release #5 – October, 2015 Remuneration of Chief and Council, bonus payments.  The First Nations Financial Transparency Act is discussed.  Also reviewed is a case in which chief and council were required to return a bonus payment because it breached their fiduciary duty to […]

Here are the July 15, 2015 updates: Education requirement to run for Chief. The Supreme Court of Canada upheld an election code that required candidates for Chief to have a minimum Grade 12 education. See paragraph 7§1042. Is there a right to a jury containing aboriginal people? The Supreme Court of Canada clarified the rules […]

May 10, 2015: Additions to Native Law, Sixties Scoop class action, etc. Family Homes on Reserves and Matrimonial Interest or Rights Act. The “provisional” rules came into force for virtually all First Nations in Canada on December 16, 2014, and made very significant changes to the property interests of spouses on reserves. Even non-Indian spouses […]