Crown Consultation with Aboriginal Peoples in Oil Sands Development PDF Download

Author: Monique Ross
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 60

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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The members of the Board of Directors are appointed by the Faculty of Law at the University of Calgary, the President of the University of Calgary, the Benchers of the Law Society of Alberta, the President of the Canadian Petroleum Law Foundation, and the Dean of Law at The University of Alberta. [...] The most fundamental difference between the obligation of procedural fairness and the duty to consult and to accommodate Aboriginal peoples is their respective purposes: while the former is aimed at providing a fair forum to those affected by a government proposal, the latter is designed to advance the process of reconciliation between the Aboriginal and the settler societies in Canada. [...] We focus on three procedural aspects: the trigger of the duty, the participants in the process, and the content of the duty; as well as the primary substantive component: the duty to accommodate. [...] Are the current consultation processes "adequate and legal" from the standpoint of affected Aboriginal communities?8 The jurisprudence on the government's "duty to consult and accommodate" has grown significantly in the past sixteen years, since the Supreme Court of Canada first mentioned the duty to consult as part of the justifiable infringement test developed in the Sparrow decision.9 The autho [...] Part 2 analyzes key components of the Crown's duty to consult and accommodate as outlined by the courts, notably the trigger, the participants in the process, the content of the duty, the duty to accommodate, and the way in which the consultation process should be developed.

Author: Kirk N. Lambrecht
Publisher: University of Regina Press
ISBN: 0889772983
Category : Business & Economics
Languages : en
Pages : 209

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Supreme Court of Canada decisions have defined a general framework for the "duty to consult" Aboriginal peoples and accommodate their concerns over natural resource development, but anticipate the details of that framework will be expanded upon in the future. Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada offers a paradigm that advances that discussion. It proposes an integrated and robust planning model for natural resource extraction allowing Aboriginal peoples, industry, governments, tribunals, and the Courts to all make contributions to reconciliation in the context of sustainable development and environmental protection. Kirk Lambrecht surveys the law of actual and asserted Aboriginal rights and historical and modern Treaty rights in Canada and discusses the national and international purposes of environmental assessment and regulatory review. He appraises the fundamental principles of Supreme Court of Canada jurisprudence defining aboriginal consultation and accommodation as a constitutional imperative and uses case studies involving the National Energy Board to demonstrate how integrated process has evolved over time. Finally he offers general conclusions on the practical utility, and outstanding challenges, involving an integrated planning paradigm.

Author: Clinton N. Westman
Publisher: Routledge
ISBN: 1351127446
Category : Social Science
Languages : en
Pages : 193

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The Canadian oil sands are one of the world’s most important energy sources and the subject of global attention in relation to climate change and pollution. This volume engages ethnographically with key issues concerning the oil sands by working from anthropological literature and beyond to explore how people struggle to make and hold on to diverse senses of home in the region. The contributors draw on diverse fieldwork experiences with communities in Alberta that are affected by the oil sands industry. Through a series of case studies, they illuminate the complexities inherent in the entanglements of race, class, Indigeneity, gender, and ontological concerns in a regional context characterized by extreme extraction. The chapters are unified in a common concern for ethnographically theorizing settler colonialism, sentient landscapes, and multispecies relations within a critical political ecology framework and by the prominent role that extractive industries play in shaping new relations between Indigenous Peoples, the state, newcomers, corporations, plants, animals, and the land.

Author: Alberta. Department of Energy. Aboriginal Consultation Interdepartmental Committee
Publisher:
ISBN:
Category :
Languages : en
Pages :

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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

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"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: Alberta. Aboriginal Consultation Interdepartmental Committee
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 0

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Author: Alberta. Alberta Energy. Aboriginal Consultation Interdepartmental Committee
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 89

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Author: Laurie Adkin
Publisher: University of Toronto Press
ISBN: 1442699426
Category : Nature
Languages : en
Pages : 696

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First World Petro-Politics examines the vital yet understudied case of a first world petro-state facing related social, ecological, and economic crises in the context of recent critical work on fossil capitalism. A wide-ranging and richly documented study of Alberta’s political ecology – the relationship between the province’s political and economic institutions and its natural environment – the volume tackles questions about the nature of the political regime, how it has governed, and where its primary fractures have emerged. Its authors examine Alberta’s neo-liberal environmental regulation, institutional adaptation to petro-state imperatives, social movement organizing, Indigenous responses to extractive development, media framing of issues, and corporate strategies to secure social license to operate. Importantly, they also discuss policy alternatives for political democratization and for a transition to a low-carbon economy. The volume’s conclusions offer a critical examination of petro-state theory, arguing for a comparative and contextual approach to understanding the relationships between dependence on carbon extraction and the nature of political regimes.

Author: Klaus Dodds
Publisher: John Wiley & Sons
ISBN: 1509504028
Category : Science
Languages : en
Pages : 230

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In August 2007 a Russian flag was planted under the North Pole during a scientific expedition triggering speculation about a new scramble for resources beneath the thawing ice. But is there really a global grab for Polar territory and resources? Or are these activities vastly exaggerated? In this rich and wide-ranging book, Klaus Dodds and Mark Nuttall look behind the headlines and hyperbole to reveal a complex picture of the so-called scramble for the poles. Whilst anxieties over the potential for conflict and the destruction of what is often perceived as the world's last wildernesses have come to dominate Polar debates and are, to some extent, justified, their study also highlights longer historical and geographical patterns and processes of human activity in these remote territories. Over the past century, Polar landscapes have been probed, drilled, fished, tested on and dug up, as their indigenous populations have struggled to protect their rights and interests. No longer remote places, or themselves 'poles apart' from one another, the contemporary geopolitics of the Polar regions has lessons for us all as we confront a warming world where access to resources is a concern for states, big and small.