Aboriginal Peoples and the Law: A Critical Introduction by Jim Reynolds (review)

Beginning with a quote from Harold Cardinal's The Unjust Society (1969), Aboriginal Peoples and the Law explores an answer to whether we have a just society for Aboriginal peoples in Canada today. To this end, Jim Reynolds particularly examines the development and contemporary state of Canadian law relating to Aboriginal peoples, based on his almost 40 years of experiences as a lawyer in the field of Aboriginal law. Because the book is an introduction to modern Aboriginal law, Reynolds avoids using technical legal languages but provides a comprehensive and critical analysis of modern Aboriginal law through extensive resources, including key court decisions, legislation, treaties and agreements, political statements, documents and reports, as well as academic literature.

The book consists of eight chapters. In the first and second chapters, Reynolds organizes the conceptual and historical context and background of modern Aboriginal law, including the sources and objectives, as well as the legal definitions of Aboriginal rights in Canada. In the third chapter, as a significant and fundamental aspect of Aboriginal law, Reynolds particularly clarifies Aboriginal-Crown relations by exploring their legal and historical developments and analyzing key concepts such as fiduciary duties and the honor of the Crown. Subsequently, in chapters 4 and 5, Reynolds examines the legal basis, contents, limits, and historical developments of Aboriginal rights and title, which constitute a major part of modern Aboriginal law, as well as those of Aboriginal peoples' treaty rights. In chapter 6, Reynolds focuses on the possibilities and limitations of the Crown's duties of consultation, accommodation, and consent with Aboriginal peoples, and specifically considers the current approach by courts. In chapter 7, Reynolds further expands his analysis to other bodies of law, especially Indigenous law and international law, which are not a part of but may influence modern Aboriginal law in Canada. In the last chapter, Reynolds summarizes his opinions on current Canadian Aboriginal law, pointing out its limitations and the need for further political will from the governments.

By touching on multiple aspects of Aboriginal law in Canada, the book helps readers understand its complexities, including ongoing developments aft er this book was written. As a notable example, in November 2019, British Columbia passed a provincial law to implement the United Nations Declaration on the Rights of Indigenous Peoples. As Reynolds points out in his chapter 7, the UN Declaration "contains some potentially far-reaching provisions recognizing the right to self-determination" (187), and this provincial legislation may further promote the protection of Aboriginal rights in Canada. However, as also revealed in this book, the Crown has a long history of using law as an instrument of assimilating and colonizing Aboriginal peoples until today, limiting the scope of Aboriginal rights. Reynolds also concludes that there is "still a long way to go before Canada can claim to be a just society for Aboriginal peoples" (217). Toward this end, I believe that it remains necessary for us to continue to critically examine Canada's developments in Aboriginal law.