Crown-Aboriginal Consultation Participation Fund PDF Download

Author: Manitoba. Manitoba Aboriginal and Northern Affairs
Publisher:
ISBN:
Category :
Languages : en
Pages : 16

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

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Book Description
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: Manitoba. Manitoba Science, Technology, Energy and Mines
Publisher:
ISBN:
Category :
Languages : en
Pages : 13

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Author: Tanya Burdett
Publisher: Edward Elgar Publishing
ISBN: 1800889992
Category : Political Science
Languages : en
Pages : 455

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This Handbook provides a clear overview of how to achieve meaningful public participation in impact assessment (IA). It explores conceptual elements, including the democratic core of public participation in IA, as well as practical challenges, such as data sharing, with diverse perspectives from 39 leading academics and practitioners.

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

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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.

Author: Matthew Kinch
Publisher:
ISBN:
Category :
Languages : en
Pages : 138

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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: Thomas Isaac
Publisher: UBC Press
ISBN: 1895830656
Category : Law
Languages : en
Pages : 449

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Book Description
Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.

Author: Eduardo G. Pereira
Publisher: Springer Nature
ISBN: 3030560929
Category : Business & Economics
Languages : en
Pages : 653

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Book Description
This book explores three particular strategies in the extractives sector for creating shared wealth, increased labour opportunities and positive social, environmental and economic outcomes from corporate projects, namely: state wealth funds (SWF), local content policies (LCP) and corporate social responsibility (CSR) practices. Collectively, the chapters explore the associated experiences and challenges in different parts of the world with the view to inform equitable and sustainable development for the communities living adjacent to extractives sites and the wider society and environment. Examples of LCPs, SWFs and CSR practices from 12 jurisdictions with diverse experiences offer usefull insights. The book illuminates challenges and opportunities for sustainable development outcomes of the extractives sector. It reflects the need to take on board the lessons of these global experiences in order to improve outcomes for poverty reduction, inequality reduction and sustainable development.

Author: Various Authors
Publisher: The Asper Chair of International Business and Trade Law
ISBN:
Category : Law
Languages : en
Pages : 191

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Book Description
The Asper Review of International Business and Trade Law provides reviews and articles on current developments from the Asper Chair.

Author: Jim Reynolds
Publisher: Purich Books
ISBN: 0774880236
Category : Law
Languages : en
Pages : 297

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Book Description
Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations 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. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.