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regional wrap-up B.C.'s new AG could make historic impact on aboriginal legislation when he got his feet held to the flame for holding down a second slot — the house leader's position in the B.C. legislature. De Jong drew fire from constitutional expert and former B.C. Court of Appeal justice Ron Cheffins, who told an online news outlet: "I think it's inappropriate to combine in one person the partisan office of house leader with the detached respon- sibility of the attorney general who is the chief law officer of the Crown." But, de Jong's is no shrinking violet and B storm clouds on the horizon came from his past post as minister of Aboriginal Relations and Reconciliation, a position held since August 2006, about a year after ritish Columbia's new Attorney General Mike de Jong no sooner slid into the provincial hot seat ments in place with First Nations groups but left that ministry just as drafts of the proposed, and controversial, discussion paper (issued in March) on implementing the B.C. recognition act legislation was swirling among First Nations groups. Th e act, which will lead Canada Premier Gordon Campbell, right, and Attorney General Mike de Jong during the cabinet's swearing-in. the Gordon Campbell-led Liberal Party embarked upon a new relations with aboriginal groups in B.C. De Jong has been instrumental in getting land-use agree- Aboriginal Law Since Delgamuukw Editor-in-Chief: Maria Morellato, Q.C. Contributors: Murray Browne, Gordon Christie, Allan Donovan, Anna Fung, Q.C., Anne Giardini, Peter Hogg, Q.C., John Hunter, Q.C., Peter W. Hutchins, Douglas Lambert, Louise Mandell, Q.C., Roy Millen, Rob Miller, Patricia Monture, James A. O'Reilly, Arthur Pape, Dr. James I. Reynolds, David M. Robbins, Brian Slattery, Jennifer Spencer, Jean Teillet, Ardith Walkem, Jack Woodward Explore the shifting legal landscape With the Supreme Court of Canada's 1997 seminal decision in , the complexity, nature and substance of Canadian jurisprudence on Aboriginal law continues to rapidly evolve. Analyzes and investigates the issues with reference to the latest and leading cases This text analyzes the major legal developments since and provides practical guidance for those who work in this quickly changing area of law. Order your copy today! Hardbound • Approx. 540 pp • August 2009 • Approx. $115 P/C 0828010000 • ISBN 978-0-88804-486-0 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. 10 A UGUST 2009 www. C ANADIAN Law ye rmag.com MORELLATO_Aboriginal Law Since Delgamuukw (CL 1-3sq).indd 1 6/11/09 9:55:49 AM CL0709 in entrenching First Nations' rights, recognizes that aboriginal title exists throughout B.C. on traditional lands, suggests consensus decision-making with some 30 regional native governments, looks at revenue sharing from stumpage fees, mining royalties, and recreational fees, and recognizes title without requirement of proof or strength of claim. Th e news was met with favour by B.C.'s three major First Nations groups, who issued a joint statement saying, "our elders will not have to be dragged into courtrooms to prove our existence or strength of claims" and court time and resources will be reduced. It ignited controversy in the business community and the federal government. Conservative MP John Cummins has been an outspoken critic of the action in postings on his web site and articles in major newspapers. "Aboriginal title may be one of those rare issues best leſt to the Supreme Court of Canada. Certainly it is beyond the capacity and competency of the Campbell government, which is proceeding without regard to the consequences for future generations of British Columbians," Cummins writes. B.C. Chamber of Commerce president John Winter issued a press release warning the government to move cautiously. "The chamber, its membership, and business in general are certainly in favour of any attempts by government to bring increased levels of certainty to investments in the land base. It is our hope that with the use of an extensive consultation process the government will demonstrate how this improved certainty will be achieved, and that the resulting legislation will move our province forward to the satisfaction of all concerned," he said. Delgamuukw v. Delgamuukw British Columbia