"Do not take them from myself and my children forever"

Chief Crowfoot's plea in 1877 "Take pity on me withregard to ...the waters...and do not take them frommyself and my children for ever," indicates that hehad no intention of relinquishing their title to thelands and waters of their traditional territories.For this reason, project proponents that haveobtained water licences under Alberta's current waterregulations cannot be certain of their tenures.Aboriginal legal issues dominate the list of majorrisks facing industry in Alberta, Canada regardingproject development associated with water. This bookexplains that Aboriginal and treaty rights to waterhave not been extinguished by any Crown legislationor policy. Aboriginal and treaty water rights areprotected by the Natural Resources TransferAgreement, 1930 and s.35 of the CanadianConstitution. Because Alberta's legal regime andconsultation policies circumvent the treatyrelationship between the Crown and First Nations,they are vulnerable to constitutional challenge.This in-depth analysis will be especially useful toFirst Nations, legal practitioners, industry, andgovernment executives who need to understand themeaning of Indian treaties and the duty to consult.

Autorentext

Vivienne G. Beisel, B.A., LL.B., LL.M.: Studied at the University of Saskatchewan. Practices law in Alberta and teaches at the University of Calgary, Alberta.

Klappentext
Chief Crowfoot's plea in 1877 "Take pity on me with regard to ...the waters...and do not take them from myself and my children for ever," indicates that he had no intention of relinquishing their title to the lands and waters of their traditional territories. For this reason, project proponents that have obtained water licences under Alberta's current water regulations cannot be certain of their tenures. Aboriginal legal issues dominate the list of major risks facing industry in Alberta, Canada regarding project development associated with water. This book explains that Aboriginal and treaty rights to water have not been extinguished by any Crown legislation or policy. Aboriginal and treaty water rights are protected by the Natural Resources Transfer Agreement, 1930 and s.35 of the Canadian Constitution. Because Alberta's legal regime and consultation policies circumvent the treaty relationship between the Crown and First Nations, they are vulnerable to constitutional challenge. This in-depth analysis will be especially useful to First Nations, legal practitioners, industry, and government executives who need to understand the meaning of Indian treaties and the duty to consult.