Courthouse Libraries BC has prepared a resource guide for those looking for legal information and legal help for Indigenous specific legal topics. This guide is organized by audience and is meant as a starting point for research. It is not an exhaustive list of all available resources.
Important Cases in the Development of Indigenous Rights
- R. v. Guerin
- R. v. Sparrow
- Delgamuukw v. British Columbia
- Haida v. British Columbia
- Taku River Tlingit First Nation v. British Columbia
- R. v. Marshall; R. v. Bernard
- Tsilhqot’in First Nation v. British Columbia
Consolidated Federal Statutes
- Department of Crown Indigenous-Relations and Northern Affairs Act (S.C. 2019, c.29, s.337)
- Department of Indian Affairs and Northern Development Act (R.S.C. 1985, c.I-6)
- archived version of the act.
- act was repealed by S.C. 2019, c.29, s.382
- Department of Indigenous Services Act (S.C. 2019, c.29, s.336)
- Family Homes on Reserve and Matrimonial Interests or Rights Act (S.C. 2013, c.20)
- First Nations Elections Act (S.C. 2014, c.5)
- First Nations Land Management Act (S.C. 1999, c.24)
- Indian Act (R.S.C. 1985, c. I-5)
- Indian Oil and Gas Act (R.S.C. 1985, c.I-7)
Consolidated Provincial (BC) Statutes
Annotated legislation
- Annotated Aboriginal law: the constitution, legislation, treaties and Supreme Court of Canada case summaries / by Shin Imai
- Available in print at Courthouse Libraries BC (KM208 .I5 A111 C3512)
- Modern First Nations legislation annotated / by Andrew Beynon and 3 others
- Available in print at Courthouse Libraries BC (KM208 .I5 A111 M62)
Treaties
Online Resources
Clicklaw: Common Questions
- How is welfare different on and off reserve?
- Is a will different for people who live on reserve?
- I am Aboriginal, and I need help with my income tax. What help is available to me?
- What about child protection for Aboriginal people?
- What does the judge consider in sentencing an Aboriginal person?
- If we separate, who can stay in the home on reserve?
- Where can I find an overview of how the law is different for Aboriginal people?
- Can Aboriginal children at risk be put in the care of relatives?
Other Resources
- Aboriginal Legal Aid BC: https://aboriginal.legalaid.bc.ca/
- Understand Aboriginal Law, Dial-A-Law: https://dialalaw.peopleslawschool.ca/aboriginal-law/
- Aboriginal People, FamilyLawBC: https://family.legalaid.bc.ca/aboriginal-people
Class Actions
- Federal Indian Day School Class Action: https://indiandayschools.com/en/
- Sixties Scoop, Legal Aid BC: https://aboriginal.legalaid.bc.ca/issues/sixties-scoop
- Sixties Scoop Settlement: https://sixtiesscoopsettlement.info/
Print Resources
The LawMatters program provides grant funding to public libraries so they can purchase and maintain legal collections in their libraries. You can find more information, including the Law Books for Libraries List, a curated list of recommended titles, on the LawMatters page.
Please contact LawMatters at lawmatters@courthouselibrary.ca for any questions regarding this list, the grants, or ordering titles for your public library.
Online Resources
Clicklaw: Common Questions
- How is welfare different on and off reserve?
- Is a will different for people who live on reserve?
- I am Aboriginal, and I need help with my income tax. What help is available to me?
- What about child protection for Aboriginal people?
- What does the judge consider in sentencing an Aboriginal person?
- If we separate, who can stay in the home on reserve?
- Where can I find an overview of how the law is different for Aboriginal people?
- Can Aboriginal children at risk be put in the care of relatives?
Other Resources:
- Aboriginal Legal Aid BC: https://aboriginal.legalaid.bc.ca/
- Understand Aboriginal Law, Dial-A-Law: https://dialalaw.peopleslawschool.ca/aboriginal-law/
Print Resources:
First Nations 101 / by Lynda Gray
- Lynda Gray’s informative, humorous, accessible guide to the diverse and complex lives of First Nations peoples gives readers an insight into the realities of day-to-day life as a First Nations person in Canada. Covering a wide range of topics including identity, social and community issues, justice, health, and culture this book illustrates the shared history of First Nations and non-First Nations people and calls upon all Canadians to play an active role in the process of Reconciliation.
Otter’s Journey through Indigenous Language and Law / by Lindsay Keegitah Borrows
- Author, Lindsay Keegitah Borrows, uses the Anishinaabe storytelling tradition to explore the relationship between Indigenous language and legal revitalization. Following Otter on a journey through Anishinaabe, Inuit, Māori, Coast Salish, and Abenaki territories, the story reveals the processes, philosophies, and practices of Indigenous language and law and shows how they can rise up from under colonial legal structures.
Policing Indigenous Movements: Dissent and the Security State / by Andrew Crosby and Jeffrey Monaghan
- Authors, Andrew Crosby and Jeffrey Monaghan explore the expansion of surveillance and policing of Indigenous Peoples and Indigenous-led movements for social and environmental justice in Canada over the past several years. By examining four high-profile movements – Idle No More, the Northern Gateway Pipeline protests, the Elsipogtog First Nation anti-fracking struggle, and the conflict involving the Algonquin People of Barriere Lake – the authors raise questions about the expanding security system, police surveillance, the criminalization of dissent, and threats to civil liberties.
You may also be able to find these titles at your public library.
Gladue Reports
- Gladue Reports: Perspective from the Bench (2016)
- Gladue Reports: Perspective from Defence Counsel (2016)
- Gladue Reports: Perspective from Legal Services Society (2016)
- Gladue Submissions: Preparing Gladue Sentencing Submissions (2018)
Indigenous Courts - Elder Training Series
- Substance Use, Harm Reduction and Recovery (2021)
- Challenges of FASD for Legal Professionals (2021)
- Understanding FASD: Re-Balancing the Wheel Healing from the Heart (2021)
- Understanding Trauma (2021)
Indigenous Law
- Indigenous Rights in BC and Indian Act Amendments (2020)
- Indian Day Schools in Canada (2020)
- Métis Legal Issues (2020)
- Indigenous Human Rights Law (2020)
- Navigating Housing on Reserve (2019)
Indigenous Peoples & the Law - series
- Overview of the Calls to Action (2020)
- The Next Stages of Indigenous Governance in Quebec (2020)
- Indigenous Courts: A cross-jurisdictional perspective (2020)
- Discussing the Promises and Problems with the Act Respecting First Nations, Métis and Inuit Children, Youth and Families (2021)
Practice Management
- Race Issues in the BC Legal System (2020)
Content reviewed: September 26, 2023