Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Duty to Consult PDF full book. Access full book title The Duty to Consult by Dwight G. Newman. Download full books in PDF and EPUB format.
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: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Sébastien Grammond Publisher: ISBN: 9780779854103 Category : Indians of North America Languages : en Pages : 645
Book Description
"This book contains an in-depth discussion of the aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982, the provisions of the Indian Act regarding reserves and band councils, recent self-government regimes, the recognition of indigenous legal traditions, division of powers, taxation as well as the application of the child welfare and criminal justice systems. It also covers recent developments, such as the duty to consult and accommodate or the adoption of the United Nations Declaration on the Rights of the Indigenous Peoples."--pub. desc.
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: Frederic L. Kirgis Publisher: ISBN: Category : Law Languages : en Pages : 416
Book Description
This study examines the role and the value of prior consultation among nations in international law. International disputes frequently occur when one nation, with no hostile intent, takes unilateral action that adversely affects the interests of other nations. It is generally acknowledged that some of these disputes could be avoided, and others could be ameliorated, if the acting government would assess beforehand the risk of harm to other nations. The most effective way to do this is through prior consultation with representatives of potentially affected nations. When governments are able to act unilaterally, they have very little incentive to refrain from taking self-interested action in order to consider the adverse interests of other nations. Thus, it is important to determine the circumstances in which international law imposes on them a duty to consult. The author examines these determining circumstances in detail.
Author: Patricia Robinson Publisher: Springer Science & Business Media ISBN: 0387329730 Category : Psychology Languages : en Pages : 493
Book Description
The Primary Care Behavioral Health (PCBH) model is emerging as the future of integration between mental health and primary care services. The first book to detail the model, Behavioral Consultation and Primary Care explains in hands-on terms how to achieve truly integrated care. From starting up a new PCBH service to evaluating its outcome, clinicians and medical administrators alike will value in this up-to-the-minute resource.
Author: Dwight G. Newman
Author: Dwight G. Newman
Author: Dwight G. Newman
Author: American Bar Association. House of Delegates
Author: KERRY. WILKINS
Author: Sébastien Grammond
Author: 
Author: Shin Imai
Author: Jim Reynolds
Author: Frederic L. Kirgis
Author: Patricia Robinson