Jim Reynolds

Can Canada claim to be a just society for Indigenous peoples? To answer the question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians.

Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, and Indigenous law. He also discusses key international developments such as the United Nations Declaration on the Rights of Indigenous Peoples. He concludes by considering major questions that need to be resolved, including balancing Aboriginal and non-Aboriginal rights and interests and the benefits and drawbacks of using either litigation or negotiation to resolve Indigenous issues.

This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.

This book will find an audience among students taking both introductory and specialist courses in Aboriginal law, Indigenous studies, or the social sciences; lawyers with an interest in Aboriginal law; and journalists, government officials, business people, and other members of the public who want a better understanding of where the law stands today and where it should go in the future.

Additional Information
296 pages | 6.00" x 9.00" | Paperback

Colonialism endures in Canada today. Dismantling it requires an understanding of how colonialism operated across the British Empire and why Canada’s colonial experience was unique.

Whereas colonies such as India were ruled through despotism and violence, Canada’s white settler population governed itself while oppressing the Indigenous peoples whose lands they were on. Canada and Colonialism shows that Canadians’ support for colonial rule – both at home and abroad – is the reason colonialism remains entrenched in Canadian law and society today.

Author Jim Reynolds presents a truly compelling account of Canada’s colonial coming of age and its impacts on Indigenous peoples, including the settler-led internal colonialism behind the Indian Act and those who enforced it. As one of the nation’s leading experts in Aboriginal law, Reynolds provides a vital accounting of the historical underpinnings and contemporary challenges the nation must address to reconcile with Indigenous peoples and move toward decolonization.

Reviews
"Jim Reynolds makes a significant, original contribution to our understanding of contemporary Canada by situating its colonization within the broader British imperial project. Canada and Colonialism should be read by anyone seeking a deeper understand of the Crown’s historical and ongoing relationship with Indigenous peoples."— Kent McNeil, professor emeritus, Osgoode Hall Law School, York University

Educator Information
This must-read book provides a comprehensive understanding of Canada’s unique colonial history and the decolonization challenges facing the nation. Canada and Colonialism belongs in classrooms, living rooms, boardrooms, and government chambers.

Table of Contents
Introduction

1 Historical Overview

2 The Essentials of the Empire

3 Self-Rule and Despotism

4 The Rulers and Their Rule

5 Canadian Participation in the Empire

6 Internal Colonialism in Canada

7 Independence, Self-Government, and Reconciliation

Conclusion

Notes; Suggestions for Further Reading; Index

Additional Information
328 pages | 6.00" x 9.00" | 35 b&w photos, 23 illustrations | Paperback