Author: British Columbia. Environmental Assessment OfficePublisher:
ISBN:
Category : Indigenous peoples
Languages : en
Pages : 17
Book Description
Guide to Involving Proponents when Consulting First Nations in the Environmental Assessment Process
Author: British Columbia. Environmental Assessment OfficePublisher:
ISBN:
Category : Indigenous peoples
Languages : en
Pages : 17
Book Description
The Duty to Consult First Nations Within the Environmental Assessment Process
Author: Megan ChadwickPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
The legal doctrine, 'Duty to Consult', was set through a number of landmark court cases between 1997 and 2004. It is this duty that has helped First Nations receive official stakeholder status in the negotiation of land and resource use issues in British Columbia (BC), Canada. Later, policy initiatives, a best practices handbook, and procedure development shaped through the actual practice of consultation, contributed to the formation of an 'in practice' reality of this duty. When making an application to undertake a resource extraction or utilization project, industry proponents must go through BC's Environmental Assessment (EA) process. This process is one example of where the ?Duty to Consult' has been applied in the form of a required consultation with First Nations affected by a proposed project. Despite the formation of law and policy meant to guide this area of practice and produce successful consultation activities, it is left unclear from law and policy alone what actual strategies are used by industry proponents to meet the requirements of consultation during an EA. However, as successful consultation is the goal, understanding the strategies alone is insufficient for creating a clear picture of the important considerations of this process. For this reason, the research sought to understand what overarching approach, aside from legal parameters and policy frameworks, guide the practice of consultation with First Nations in private sector resource industry projects. Identifying and examining the difficulties of consultation from the perspective of industry helped explain what the overall approach must be when undertaking this type of consultation and why this approach is of such importance.In the last few years EA has gained greater attention in BC. Due to this, reviewing the legal context and documents that officially shape the practice of consultation within the EA process is timely, relevant and provides a basis for further research. The research involved interviews with industry proponents and staff at the Environmental Assessment Office (EAO). These served to develop an understanding of the individual experience of those working in the field. In developing a fuller picture of the subtleties of the consultation process, the interviews are supplemented with an analysis of the social and political context that influences consultation. The analysis revealed that more effective consultations prioritize relationship-building as their primary approach and are responsive to the varying local conditions, as each community engaged with is unique. The findings present challenges perceived on the industry side that may help provide better understanding of the influences on the EA process and approach used by industry proponents ... .
Proponent Guide for Providing First Nation Consultation Information (Non-Treaty First Nations).
Author: British Columbia. Environmental Assessment OfficePublisher:
ISBN:
Category : Environmental impact analysis
Languages : en
Pages : 5
Book Description
Guide to Involving Proponents when Consulting First Nations
Author: Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 7
Book Description
Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada
Author: Kirk N. LambrechtPublisher: University of Regina Press
ISBN: 0889772983
Category : Business & Economics
Languages : en
Pages : 209
Book Description
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.
Duty to Consult with Aboriginal Peoples - A Patchwork Of Canadian Policies
Author: Ravina BainsPublisher:
ISBN: 9780889754010
Category :
Languages : en
Pages :
Book Description
Guide on Consultation and Collaboration with Indian Tribal Governments and the Public Participation of Indigenous Groups and Tribal Members in Environmental Decision Making
Author: National Environmental Justice AdvisoryPublisher: CreateSpace
ISBN: 9781493544332
Category :
Languages : en
Pages : 58
Book Description
The Indigenous Peoples Subcommittee is one of six subcommittees of the National Environmental Justice Advisory Council (NEJAC), a federal advisory committee of the U.S. Environmental Protection Agency (EPA). The N EJAC believes the federal government has a responsibility to consult and collaborate with American Indian and Alaska Native tribal governments as an essential element of itstrust responsibility to federally recognized tribal governments. However, the NEJAC contends that effective consultation and collaboration between federal agencies and federally recognized tribal governments is lacking. The NEJAC also believes that some existing public participation processes provide inadequate opportunities for tribal members and tribal communities to have meaningful involvement in the environmental and public health decisions affecting them.
Handbook of Energy Politics
Author: Jennifer I. ConsidinePublisher: Edward Elgar Publishing
ISBN: 1784712302
Category : Business & Economics
Languages : en
Pages : 529
Book Description
Starting with the fundamentals of the global energy industry, Handbook of Energy Politics goes on to cover the evolution of capital and financial markets in the energy industry, the effects of technology, environmental issues and global warming and geopolitics. The book concludes by considering the future, including the lessons learned from history, where we are most likely to be heading and what steps we can take to mitigate potential energy risks. This Handbook will be an invaluable resource for upper level graduates and postgraduate scholars.
Revisiting the Duty to Consult Aboriginal Peoples
Author: Dwight G. NewmanPublisher: Purich Publishing
ISBN: 077488049X
Category : Law
Languages : en
Pages : 192
Book Description
Since the release of The Duty to Consult (Purich, 2009), there have been many important developments on the duty to consult, including three major Supreme Court of Canada decisions. Governments, Aboriginal communities, and industry stakeholders have engaged with the duty to consult in new and probably unexpected ways, developing policy statements or practices that build upon the duty, but often using it only as a starting point for different discussions. Evolving international legal norms have also come into practice that may have future bearing. Newman offers clarification and approaches to understanding the developing case law at a deeper and more principled level, and suggests possible future directions for the duty to consult in Canadian Aboriginal law.
Author: