Indigenous legal resources

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 

Fishing and hunting 

Land  

Culture 

Treaty rights 

Consolidated federal statutes 

For a list of federal acts governed by Crown-Indigenous Relations and Northern Affairs Canada, visit Canada.ca > Crown-Indigenous Relations and Northern Affairs Canada > Laws and Regulations 

Consolidated provincial (BC) statutes 

Further relevant laws 

Annotated legislation and other print materials 

Treaties 

Notable news  

Family and child services 

Sts’ailes Coordination Agreement 

Cowichan Tribes Coordination Agreement 

Land 

Property Law Act 

Haida Nation Recognition Amendment Act 

Snuneymuxw Land Agreement and return of sxwayxum village site 

Tla’amin Nation - tiskwat Memorandum of Understanding 

Nuchatlaht Land Title 

Lyackson First Nation and Cowichan Tribes Incremental Treaty Agreement  

*This list is not exhaustive. For further news and updates, visit: 

Clicklaw: Common Questions

Online resources 

Class actions  

To view other class actions in Canada involving Indigenous peoples, visit the Canadian Bar Association’s Class Action Database and in the Subject field, choose “Aboriginal” from the list.  

Referral options 

Relevant laws: 

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 

Help options 

Print resources:  

First Nations 101 2nd edition / by Lynda Gray 

  • Lynda Gray’s (Ts'msyen Nation) accessible primer on Indigenous peoples’ past and present is geared towards both non-Indigenous and Indigenous readers. First Nations 101 provides an overview of the day-to-day lives of Indigenous people, traditional Indigenous communities, colonial interventions used in an attempt to assimilate Indigenous people into mainstream society, the impacts those interventions had on Indigenous families and communities, and how Indigenous people are working towards holistic health and wellness today. This 2nd edition has over 75 chapters, including 16 new ones. 

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. 

True Reconciliation: How to be a Force for Change / by Jody Wilson-Raybould 

  • There is one question Canadians have asked Jody Wilson-Raybould more than any other: What can I do to help advance reconciliation? It is clear that people from all over the country want to take concrete and tangible action that will make real change. We just need to know how to get started. This book provides that next step. For Wilson-Raybould, what individuals and organizations need to do to advance true reconciliation is self-evident, accessible, and achievable. True Reconciliation is broken down into three core practices—Learn, Understand, and Act—that can be applied by individuals, communities, organizations, and governments. 

Truth Telling: Seven Conversation about Indigenous Life in Canada / by Michelle Good 

  • With authority and insight, Truth Telling examines a wide range of Indigenous issues framed by Michelle Good's personal experience and knowledge. From racism, broken treaties, and cultural pillaging, to the value of Indigenous lives and the importance of Indigenous literature, this collection reveals facts about Indigenous life in Canada that are both devastating and enlightening. Truth Telling also demonstrates the myths underlying Canadian history and the human cost of colonialism, showing how it continues to underpin modern social institutions in Canada. 

Indigenous Relations: Insights, Tips & Suggestions to make Reconciliation a Reality / by Bob Joseph with Cynthia F. Joseph 

  • Bob Joseph is your guide to respecting cultural differences and improving your personal relationships and business interactions with Indigenous Peoples. Practical and inclusive, Indigenous Relations interprets the difference between hereditary and elected leadership, and why it matters; explains the intricacies of Aboriginal Rights and Title, and the treaty process; and demonstrates the lasting impact of the Indian Act, including the barriers that Indigenous communities face and the truth behind common myths and stereotypes perpetuated since Confederation. 

21 Things You May Not Know about the Indian Act: Helping Canadians Make Reconciliation with Indigenous Peoples a Reality / by Bob Joseph 

  • The Indian Act, after over 140 years, continues to shape, control, and constrain the lives and opportunities of Indigenous Peoples, and is at the root of many stereotypes that persist. Bob Joseph’s book comes at a key time in the reconciliation process, when awareness from both Indigenous and non-Indigenous communities is at a crescendo. Joseph explains how Indigenous Peoples can step out from under the Indian Act and return to self-government, self-determination, and self-reliance—and why doing so would result in a better country for every Canadian. He dissects the complex issues around truth and reconciliation, and clearly demonstrates why learning about the Indian Act’s cruel, enduring legacy is essential for the country to move toward true reconciliation. 

Aboriginal Peoples and the Law: a Critical Introduction / by James I. Reynolds 

  • James 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. 

A Reconciliation without Recollection?: An Investigation of the Foundations of Aboriginal Law in Canada / by Joshua Ben David Nichols 

  • In A Reconciliation without Recollection?, Joshua Ben David Nichols argues that if we are to find a meaningful path toward reconciliation, we will need to address the history of sovereignty without assuming its foundations. Exposing the limitations of the current model, Nichols carefully examines the lines of descent and association that underlie the legal conceptualization of the Aboriginal right to govern. 

The survivors speak : a report of the Truth and Reconciliation Commission of Canada / from the Truth and Reconciliation Commission of Canada 

  • The Truth and Reconciliation Commission of Canada was mandated "to receive statements and documents from former students, their families, community and all other interested participants" and to recognize "the unique experiences" of all former students. This volume is based on a survey of the statements gathered from all parts of the country between 2009 and 2014. Almost all the statements come from individuals who attended schools after 1940. The volume begins with the students' lives prior to attending residential school, and then describes their arrival at the schools, and their experiences studying, working, and living in the schools. Commentary and interpretation have been kept to a minimum to allow the students to speak for themselves 

Justice, Indigenous Peoples, and Canada: a History of Courage and Resilience / by Kathryn Campbell and Stephanie Wellman  

  • Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered. From a critical perspective, the book examines the operation of the criminal justice system, through bail, specialized courts, policing, sentencing, incarceration and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity.  

You may also be able to find these titles at your public library.  

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 and the Law (2020/2021 Webinar Series with CIAJ) 

  • Discussing the Promises and Problems with the Act respecting First Nations, Métis and Inuit Children, Youth and Families (2021) 
  • Investigating the Indigenous Languages Act (2021) 
  • Court Changes after the COVID-19 Pandemic and Indigenous Cultural Relevancy (2021) 
  • BC's Declaration on the Rights of Indigenous Peoples Act (2020) 
  • Overview of the Calls to Action (2020) 
  • The Next Stages of Indigenous Governance in Quebec (2020) 

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) 

Practice Management 

  • Race Issues in the BC Legal System (2020) 

SHARP Workplaces Training 2021 

  • Service-focused Lawyering: Cultural Competency and Violence-informed Approaches for Working with Indigenous Clients (2021) 

Indigenous People and the Criminal Justice System 

  • Indigenous Courts: A cross-jurisdictional perspective (2020) 
  • Gladue Submissions: Preparing Gladue Sentencing Submissions (2018) 
  • Gladue Reports: Perspective from the Bench (2016) 
  • Gladue Reports: Perspective from Defence Counsel (2016) 
  • Gladue Reports: Perspective from Legal Services Society (2016) 

Preventing Wrongful Convictions 

  • Interrupting Bias: How Systemic Racism, Discrimination & Distorted Thinking Lead to Wrongful Convictions (2020) 

Child Welfare 

  • The Experiences of Black, Indigenous and Racialized Children and Families Impacted by the Child Welfare System (2023) 
  • Antiracism and Addressing White Supremacy (2023) 
  • The Legacy and Future of Social Work, Colonialism, Indigenous Law, and Child Welfare in BC (2022) 
  • Making Visible the Discriminatory Foundations of Canada’s Child Welfare System and the Impact for First Nations Children and Families Today (2022) 

Family Law Topics 

  • Family Property on Reserve Parts 1 and 2 (2016) 

Content updated: September 19, 2024