Duty to Consult

“The Duty to Consult: New Relationships with Aboriginal Peoples”
By Dwight G. Newman
Published by Purich Publishing
Review by Shanna Mann
$30 ISBN 978-1895830-378

While this is, first and foremost, a scholarly work, the author makes an earnest attempt to present the information in a clear manner. There is no doubt that a layperson would likely benefit from a point-by-point chapter summary, but the absence of Latin terminology and self-referential citations makes it understandable—though it will never be a beach read.

The book explores the legal ramifications and implicit necessities of the so-called “duty to consult,” the duty of the crown to notify, consult, or if necessary include First Nations people in any licensing, sale, or use of land or waters that may affect the rights of Aboriginals.

If you’ve been paying attention to the news over the past decade of Aboriginal rights litigation, many of the cited court cases will be familiar to you—Taku River Tlingit First Nation v. British Columbia, Mikisew Cree First Nation v. Canada, and so on.

It explores the ramifications for First Nation’s bands and organizations as well as for the crown and interested third parties. It notes that many First Nations bands lack resources to properly examine and decide upon their rights in a “consultation situation” and further notes that, in keeping with upholding the honour of the crown, several provinces, including Saskatchewan, have made funds available to bands in order to assist them in the consultation process.

Anticipating further noteworthy changes to Aboriginal case law, the author has stated that “updates on important developments on the duty to consult” will be posted on the publisher’s website.

This book is a readable, understandable, reasonably exhaustive exploration into the rights and implications of the crown’s “New Relationship” with First Nations people.

THIS BOOK IS AVAILABLE AT YOUR LOCAL BOOKSTORE OR VISIT WWW.SKBOOKS.COM

Published in:  on 17 February 2010 at 12:14 pm Leave a Comment
Tags: , , ,

Aboriginal Self-Government in Canada, 3rd Edition


“Aboriginal Self-Government in Canada: Current Trends and Issues, 3rd Edition”
Edited by Yale D. Belanger
Published by Purich Publishing Ltd.
Review by Judith Silverthorne
Price $45.00 ISBN 3 978-1895830-323

The third edition of “Aboriginal Self-Government in Canada” is an academic work. Like its predecessors, it presents a detailed and thorough analysis of the self-governance issues as they are unfolding in Canada. Edited by Yale D. Belanger, it has a forward by John H. Hylton, who was the editor of the first two editions. Policy makers, students and self-government practitioners will find this extensive volume of immense value.

Belanger has gathered 19 comprehensive essays by 31 scholars and politicians to explore the practical side of a functioning self-government. The collection contains three updated chapters and the rest contain new and original material. The book is organized into five sections with section one covering the basic introduction to self-government as it understood in contemporary times. The beginning chapters include a recap the historical development and public acceptance of this concept. Then this impressive collection continues with the state of Aboriginal self-government in Canada today. The distinguished contributors go on to present an examination of the theories and the many practical issues surrounding its implementation.

These issues are related to social problems and policies, criminal justice, community services, employment and job training, finance, the land base of government, women’s rights and concerns, and Métis political structures. Topics addressed also include: initiatives in health, financing and intergovernmental relations, Aboriginal-municipal government relations, developing effective Aboriginal leadership, Métis self government aspirations. There are also comments on the intersection of women’s rights and self-government, and international perspectives. Some of the chapters are devoted to education, such as those that include Aboriginal education in Australia.

Various self-government arrangements already in existence are also examined. Some of these include the establishment of Nunavut, the James Bay Agreement, Treaty Land Entitlement settlements, the Alberta Métis settlements and others that have granted Aboriginal communities greater control over their affairs. Anyone interested in learning about government policy and the aspirations of Canada’s Aboriginal peoples will find this book a comprehensive guide.

THIS BOOK IS AVAILABLE AT YOUR LOCAL BOOKSTORE OR VISIT WWW.SKBOOKS.COM

Published in:  on 29 July 2009 at 1:22 pm Leave a Comment
Tags: , , , ,

The Cypress Hills: An Island By Itself

The Cypress Hills: An Island By Itself
By Walter Hildebrandt and Brian Hubner
Published by Purich Publishing
Reviewed by Tim Tokaryk
$25.00 ISBN 978-1-895830-30-9

There are still places of reflection and wonderment. Places that existed in their natural form for centuries upon centuries. Capturing these jewels, expressing their significance, is a noble charge commanded by few. “The Cypress Hills, an Island by Itself “ represents one of these jewels. The history of this isolated region is surprisingly long, fraught with characters, misdeeds, government greed, and failed promises. Affected most throughout these trials were the First Nations peoples.

Authors Hildebrandt and Hubner document the sorted history of this iconic piece of land that straddles the southwest corner of Saskatchewan and southeastern Alberta. Sitting 600 metres above the grassy plains in all directions, it commands the highest point between the Rockies and central Canada. It contains its own ecosystem of lodgepole pine, elk and moose, remnants of a forest long since gone from western Canada. The ghosts of the now extinct plains grizzlies can still be heard and the forts of the past still striking. This land was a resource for First Nations peoples since at least 10-12,000 years ago, when “this finger of land” exposed during glacial retreats would have been a haven in the demanding times of the frozen past.

The modern history of this piece of land, the last 200 years or so, illustrates the role of the Cypress Hills as an anchor for aboriginal culture and resources and is the focus of this recent volume. It was with the encroachment of the Hudson’s Bay Company and the fur trade that this anchor was severely tested. Never more so than in 1873, when volatile conditions precipitated by the “intensely competitive trade for buffalo robes and furs” led to the ‘Cypress Hills Massacre’ involving American and Canadian traders, Metis, and the Nakoda people. The perpetrators, “sodden with drink” and in the absence of “level heads”, were clearly motivated by the current of racial prejudice that swept along the grassy seas of the Canadian west, including the unprotected and barely-armed camp of the Nakoda that would,in one day of incredulous action, be annihilated.

Since then treaties have come and gone, much like the promises and unilateral decisions of Canada, characterized by an uneven and uncaring hand. Hildebrandt and Hubner, with care and insight, show the history of the First Nations adhesion to this particular region and the resulting disastrous effects. For instance, the authors demonstrate how the forced paternalism of Canadian administrators was “humiliating” for proud First Nations people. What remains now are the names of the administrators and explorers – Farwell, Dewdney, Henday, Walsh – an inter-provincial park, and a national historic site; all little reminders of the past. “The Cypress Hills” is more than a little reminder, but a tempered document that should not be forgotten in this nations history, a record of a prairie island of hope and despair.

Published in:  on 26 February 2009 at 1:13 pm Leave a Comment
Tags: , ,