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Author: Dwight G. Newman Publisher: UBC Press ISBN: 1895830494 Category : Law Languages : en Pages : 129
Book Description
Canada’s Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a “good” consultation; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Newman also examines the philosophical underpinnings of the duty to consult, and the evolving framework in international law and similar developments in Australia.
Author: Dwight G. Newman Publisher: UBC Press ISBN: 1895830494 Category : Law Languages : en Pages : 129
Book Description
Canada’s Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a “good” consultation; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Newman also examines the philosophical underpinnings of the duty to consult, and the evolving framework in international law and similar developments in Australia.
Author: Dwight G. Newman Publisher: 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: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The honour of the Crown is not a new concept in Aboriginal law; for instance, in 1895, the Supreme Court explained that the honour of the Crown is "faithfully fulfilled as a treaty obligation of the Crown."20 The honour of the Crown, along with the goal of reconciliation, is central to the Crown's relationship with Indigenous peoples, and may require it to consult Indigenous groups and, where appr [...] Certain factors must be considered in determining the level of consultation required: the strength of the claim, the nature of the right and the severity of the potential harm of a Crown decision or action on the Aboriginal or treaty right. [...] As is the case with determining the scope of the duty to consult, court orders to remedy a failure to meet the duty to consult vary significantly according to the situation. [...] In that regard, finding interim solutions within the consultation process may prevent irreparable harm or minimize the effect of infringement.46 The Supreme Court has also stated that, at the accommodation stage, the rights of the Indigenous groups must be balanced with other societal interests.47 As with the duty to consult, the duty to accommodate the interests of Indigenous peoples is grounded [...] However, on 11 October 2018, the Supreme Court revisited the matter in Mikisew Cree First Nation v. Canada (Governor General in Council),55 in which the Court considered the appeal by the Mikisew Cree First Nation of a 2016 decision of the Federal Court of Appeal.56 The questions addressed by the Federal Court of Appeal were as follows: Did the Crown have a duty to consult prior to passing omnibus.
Author: Jim Reynolds Publisher: Purich Books ISBN: 0774880236 Category : Law Languages : en Pages : 296
Book Description
The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.
Author: Bob Joseph Publisher: ISBN: 9780978162856 Category : Social Science Languages : en Pages : 208
Book Description
Whether you're just starting out or want to increase your knowledge, Working Effectively with Indigenous Peoples(R) is written to support people in their Indigenous relations endeavours. The fourth edition has additional content and a fresh look inside and out.
Author: S. James Anaya Publisher: ISBN: Category : Languages : en Pages : 32
Book Description
Few areas of international practice illustrate the tensions between business and human rights better than the implementation of the duty to consult with indigenous peoples. Consultations give indigenous and tribal peoples a safeguard for the protection of their rights when confronted by governments and business enterprises' decisions that may directly affect them. While states and corporations begin to take this duty seriously, states struggle with tailoring adequate processes and corporations appeal to property rights protections to limit their scope. Based on two case studies in Latin America, we provide a new theoretical lens to understand the problems resulting from divergent conceptualizations of this duty. After clarifying common doctrinal imprecisions, we argue for reinforcing indigenous peoples' rights with mechanisms for direct participation in benefits within the United Nation's 'protect, respect, and remedy' framework to mitigate the adverse consequences of the existing distribution of sovereign power.
Author: Dwight G. Newman
Author: Dwight G. Newman
Author: Dwight G. Newman
Author: 
Author: KERRY. WILKINS
Author: Isabelle Brideau
Author: Shin Imai
Author: Ravina Bains
Author: Jim Reynolds
Author: Bob Joseph
Author: S. James Anaya