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Author: Matthew Kinch Publisher: ISBN: Category : Languages : en Pages : 138
Book Description
The advancement of a constructive Aboriginal agenda in the form of rights-based litigation since the recognition and affirmation of Aboriginal and treaty rights in the Constitution Act, 1982 has led to the creation of the legal doctrine of the duty to consult and accommodate. As a discipline on Crown decision-making, the legal doctrine of the duty to consult and accommodate presents a prospective pathway for the reconciliation of Crown and Aboriginal interests in resource development. While maintaining promise as a framework to provide for the full and fair consideration of Aboriginal interests in regulatory reviews, administrative decision-makers representing the Crown have made the management of legal liabilities the principal policy objective of consultation and accommodation. As a result, there is minimal incentive for administrative decision-makers to deviate from highly legalistic interpretations of common law. This standard operating procedure is steadily reinforced, as the Crown, able to efficiently reduce the risk of litigation by First Nations, permits projects without consideration of the continued and incremental diminishment of Aboriginal interests in lands and resources. The purpose of this thesis is to deconstruct processes of consultation and accommodation embedded in environmental assessment processes associated with major resource projects as a means to identify institutional arrangements that promote and provide for the full and fair consideration of Aboriginal interests in Crown decision-making.
Author: Matthew Kinch Publisher: ISBN: Category : Languages : en Pages : 138
Book Description
The advancement of a constructive Aboriginal agenda in the form of rights-based litigation since the recognition and affirmation of Aboriginal and treaty rights in the Constitution Act, 1982 has led to the creation of the legal doctrine of the duty to consult and accommodate. As a discipline on Crown decision-making, the legal doctrine of the duty to consult and accommodate presents a prospective pathway for the reconciliation of Crown and Aboriginal interests in resource development. While maintaining promise as a framework to provide for the full and fair consideration of Aboriginal interests in regulatory reviews, administrative decision-makers representing the Crown have made the management of legal liabilities the principal policy objective of consultation and accommodation. As a result, there is minimal incentive for administrative decision-makers to deviate from highly legalistic interpretations of common law. This standard operating procedure is steadily reinforced, as the Crown, able to efficiently reduce the risk of litigation by First Nations, permits projects without consideration of the continued and incremental diminishment of Aboriginal interests in lands and resources. The purpose of this thesis is to deconstruct processes of consultation and accommodation embedded in environmental assessment processes associated with major resource projects as a means to identify institutional arrangements that promote and provide for the full and fair consideration of Aboriginal interests in Crown decision-making.
Author: Richard H. Bartlett Publisher: Calgary : Canadian Institute of Resources Law ISBN: Category : Law Languages : en Pages : 156
Book Description
These papers examine the relationship between aboriginal title to land and the development of natural resources, both in the current and historical context, with an emphasis on western Canada. Includes the treaty clauses providing for establishment of reserves.
Author: Publisher: ISBN: Category : Indigenous peoples Languages : en Pages : 9
Book Description
The Alberta government is committed to consult with Aboriginal people when land management & resource development decisions may infringe their existing treaty or other constitutional rights in relation to provincial Crown lands. The government is in the process of preparing consultation guidelines which will set out detailed procedures for a specific regulated subject area. This paper is intended to engage First Nations and industry in dialogue about a framework for these guidelines. The framework will identify the procedures, criteria, or tests that will be common in each of the industry- or regulation-specific guidelines. The paper explains what the government's roles and what it is doing now in this area, then presents the following issues for discussion: what projects require consultation; which First Nations should be contacted once a project has been determined to require consultation; how First Nations should be contacted; the criteria for determining the adequacy of a consultation; and whether there are any other issues of concern.
Author: Canadian Institute of Chartered Accountants. Financial Reporting by First Nations Study Group Publisher: ISBN: 9781553853497 Category : Finance, Public Languages : en Pages : 128
Book Description
And recommendations -- Need for report and mandate of the study group -- Analysis and recommendations of this report -- Implications of adopting the common government reporting model -- Status of report -- Recommendations in brief -- Implications in brief -- Appendix A, outreach activities -- Appendix B, determining appropriate standards -- Appendix C, sample financial statements under the common government reporting model -- Appendix D, qualitative characteristics of government financial statements -- Appendix E, general reporting principles of government financial statements -- Appendix F, government reporting entity -- Glossary -- Selected bibliography.
Author: William Nikolakis Publisher: University of Arizona Press ISBN: 0816540543 Category : Social Science Languages : en Pages : 353
Book Description
Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.
Author: Martin Papillon Publisher: McGill-Queen's Press - MQUP ISBN: 1553394488 Category : Political Science Languages : en Pages : 339
Book Description
Traditionally associated with the federal government, Aboriginal policy has arguably become a far more complex reality. With or without formal self-government, Aboriginal communities and nations are increasingly assertive in establishing their own authority in areas as diverse as education, land management, the administration of justice, family and social services, and housing. The 2013 State of the Federation volume gathers experts and practitioners to discuss the contemporary dynamics, patterns, and challenges of Aboriginal multilevel governance in a wide range of policy areas. Recent court decisions on Aboriginal rights, notably on the duty to consult, have forced provincial and territorial governments to develop more sustained relationships with Aboriginal organizations and governments, especially in the management of lands and resources. Showing that Aboriginal governance is, more than ever, a multilevel reality, contributors address questions such as: What are the challenges in negotiating and implementing these bilateral and trilateral governance agreements? Are these governance arrangements conducive to real and sustained Aboriginal participation in the policy process? Finally, what are the implications of these various developments for Canadian federalism and for the rights and status of Aboriginal peoples in relation to the Canadian federation?
Author: S. Sawyer Publisher: Springer ISBN: 0230368794 Category : Political Science Languages : en Pages : 330
Book Description
International institutions (United Nations, World Bank) and multinational companies have voiced concern over the adverse impact of resource extraction activities on the livelihood of indigenous communities. This volume examines mega resource extraction projects in Australia, Bolivia, Canada, Chad, Cameroon, India, Nigeria, Peru, the Philippines.
Author: Richard H. Bartlett Publisher: Centre for Commercial and Resources Law ISBN: Category : Aboriginal Australians Languages : en Pages : 218
Book Description
Conference papers and panel discussion on resource development and Aboriginal land rights in the light of the High Courts 1992 decision on native title; papers by Justice David Malcolm, Richard Bartlett, Greg McIntyre, Peter van Hattem, Michael Hunt, John Avery, Brian Wyatt, Clive Senior, Warren Atkinson, Rob Riley, Rod Williams annotated separately.
Author: Monique Ross Publisher: Calgary : Canadian Institute of Resources Law = Institut canadien du droit des ressources, University of Calgary ISBN: Category : Environmental law Languages : en Pages : 58
Book Description
"This paper is the final component of a multifaceted research project on legal and institutional responses to land and resource use conflicts in Northern Alberta. The paper evaluates the situation of forest-based Aboriginal communities faced with intensifying resource development in the northern boreal region of Alberta. It considers the extent to which the rights and interests of Aboriginal Peoples are acknowledged, protected and accommodated in the provincial resource allocation and development process. The paper begins with a brief discussion of Aboriginal and treaty rights in the context of Treaty 8, which covers Northern Alberta, and draws some implications of this analysis for the provincial resource development process. A review of the provincial government’s policies and commitments with respect to Aboriginal Peoples follows.
Author: Myra J. Hird Publisher: Taylor & Francis ISBN: 100380179X Category : Social Science Languages : en Pages : 92
Book Description
Extracting Reconciliation argues that reconciliation constitutes a critical contemporary mechanism through which colonialism is seeking to ensure continuing access to Indigenous lands and resources. Making use of two historical case studies concerned with the intersection of resource extraction, Crown/Inuit relations, and waste legacies in Nunavut, Canada, the authors illuminate the mechanisms of colonial and neoliberal governance globally that promise reconciliation while delivering the status quo. Through Indigenous and non-Indigenous anticolonial and posthuman concepts and theories, the book engages with the inhuman politics of settler colonial extractivism and explores the socio-ethical social justice dimensions, political possibilities, and environmental implications of a much more challenging and accountable reckoning between (settler) colonialism and Indigenous land rights. This book is of interest to students and scholars in gender studies, postcolonial studies, environmental studies, Indigenous studies, and politics.
Author: Matthew Kinch
Author: Matthew Kinch
Author: Richard H. Bartlett
Author: 
Author: Canadian Institute of Chartered Accountants. Financial Reporting by First Nations Study Group
Author: William Nikolakis
Author: Martin Papillon
Author: S. Sawyer
Author: Richard H. Bartlett
Author: Monique Ross
Author: Myra J. Hird