Download or read book Revisiting the Duty to Consult Aboriginal Peoples written by Dwight G. Newman and published by Purich Publishing. This book was released on 2019-01-31 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Duty to Consult written by Dwight G. Newman and published by UBC Press. This book was released on 2009-10-25 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Duty to Consult with Aboriginal Peoples A Patchwork Of Canadian Policies written by Ravina Bains and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aboriginal Peoples and the Law written by James I. Reynolds and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Rule and Role of Law written by Dwight Gordon Newman and published by . This book was released on 2014 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aboriginal Peoples and the Law written by Jim Reynolds and published by Purich Books. This book was released on 2018-05-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Canada The State of the Federation 2013 written by Martin Papillon and published by McGill-Queen's Press - MQUP. This book was released on 2016-03-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally associated with the federal government, Aboriginal policy has arguably become a far more complex reality. With or without formal self-government, Aboriginal communities and nations are increasingly assertive in establishing their own authority in areas as diverse as education, land management, the administration of justice, family and social services, and housing. The 2013 State of the Federation volume gathers experts and practitioners to discuss the contemporary dynamics, patterns, and challenges of Aboriginal multilevel governance in a wide range of policy areas. Recent court decisions on Aboriginal rights, notably on the duty to consult, have forced provincial and territorial governments to develop more sustained relationships with Aboriginal organizations and governments, especially in the management of lands and resources. Showing that Aboriginal governance is, more than ever, a multilevel reality, contributors address questions such as: What are the challenges in negotiating and implementing these bilateral and trilateral governance agreements? Are these governance arrangements conducive to real and sustained Aboriginal participation in the policy process? Finally, what are the implications of these various developments for Canadian federalism and for the rights and status of Aboriginal peoples in relation to the Canadian federation?
Download or read book Final Report of the Truth and Reconciliation Commission of Canada Volume One Summary written by Truth and Reconciliation Commission of Canada and published by James Lorimer & Company. This book was released on 2015-07-22 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
Download or read book Soliloquy and Dialogue written by Katherine A. Graham and published by . This book was released on 1996 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the foundations and characteristics of public policy discourse on Aboriginal affairs between publication of H.B. Hawthorn's Survey of the contemporary Indians of Canada in 1966-67 and the establishment of the Royal Commission on Aboriginal Peoples in 1991. The primary sources are 222 documents prepared by Aboriginal and non- Aboriginal organizations and governments over this period. The focus in analyzing these documents is to trace the evolution of policy discussions and debates in four key areas: lands and resources, governance, criminal justice, and education. The analysis considers three basic questions: who was involved in policy discussions; how did policy discussions occur; and what was said about key issues in the domain of Aboriginal affairs. Building on the analysis, the book examines the documentary evidence in light of the role of international influences, the dominant preoccupations of Aboriginal peoples and Canadian governments in the evolution of their relationship, and the extent to which the relationship has been accompanied by clarity of Canadian government policy and genuine consultation.
Download or read book The Honour and Dishonour of the Crown written by Jamie D. Dickson and published by Purich Publishing. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamentals of Aboriginal law in Canada are unclear and Indigenous communities lack appropriate guidance in terms of efficiently accessing the legal system to address breaches of their rights. Jamie Dickson states this is yet another grievance endured by Aboriginal peoples in Canada. He contends it is a positive development that the Supreme Court of Canada has begun to place greater emphasis on the honour of the Crown principle and less on the paternalistic, complex notion that governments owe a fiduciary duty to Aboriginal peoples. Dickson explores both theoretical and practical implications of this fundamental shift in Aboriginal law. This book will be of particular interest to legal professionals, Indigenous studies scholars, and policy advisors.
Download or read book Aboriginal Consultation and Accommodation written by Canada. Aboriginal Affairs and Northern Development Canada and published by . This book was released on 2011 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aboriginal Law Fourth Edition written by Thomas Isaac and published by Purich Publishing. This book was released on 2012-08-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this 4th edition of Aboriginal Law, Thomas Isaac highlights the most important aspects of Canadian law as it impacts on Aboriginal peoples and their relationship with the wider Canadian society. Unlike the previous three editions, this version does not contain case or legislative excerpts, all of which are readily available on the internet. Instead, the author focuses on commentary and analysis -- looking at the broad picture of trends that are developing in the law. While covering important issues such as Aboriginal and treaty rights, constitutional issues, land claims, gathering rights, and the Indian Act, this book pays particular attention to the duty to consult and the important role of governments in reconciling Aboriginal interests with the needs of Canadian society as a whole. In discussing the Crown's duty to consult the author canvasses when and to whom the duty applies. He further argues Canada's Supreme Court has made clear that the onus to achieve reconciliation lies with the governments. While this is a law book, it is designed for use by anyone needing to understand Aboriginal legal issues and is presented in a non-judgmental way. All major Canadian cases dealing with Aboriginal law are discussed and analyzed in this volume.
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Download or read book Aboriginal Law Fourth Edition Commentary and Analysis written by and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Indigenous Wellbeing and Enterprise written by Rick Colbourne and published by Routledge. This book was released on 2020-07-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, we explore the economic wellbeing of Indigenous peoples globally through case studies that provide practical examples of how Indigenous wellbeing is premised on sustainable self- determination that is in turn dependent on a community’s evolving model for economic development, its cultural traditions, its relationship to its traditional territories and its particular spiritual practices. Adding to the richness, geographically these chapters cover North, Central and South America, Northern Europe, the Circumpolar Arctic, Southern Europe, the Middle East, Asia and Oceania and a resulting diverse set of Indigenous peoples. The book addresses key issues related to economic, environmental, social and cultural value creation activities and provides numerous examples and case studies of Indigenous communities globally which have successfully used entrepreneurship in the pursuit of sustainable development and wellbeing. Readers will gain practical understandings of the nature of sustainable economic development from a cross- section of case studies of Indigenous perspectives globally. The chapters map out the international development of Indigenous rights and the influence that this has had on Indigenous communities globally in asserting their sovereignty and acting on their rights to develop sustainable governance and economic development practices. Readers will develop insights into the intersection of Indigenous governance with sustainable practice and community wellbeing through practical case studies that explain the need for Indigenous- led economic development and governance strategies, which are responsive to local, regional, national and international realities in developing sustainable Indigenous economies focused on economic, environmental, social and cultural value creation. This book will be useful for Indigenous and non- Indigenous business students studying undergraduate business or MBA programs who seek to understand the global context and the varied experiences of Indigenous peoples in developing sustainable economic development strategies that promote community wellbeing.
Download or read book The Duty to Consult Indigenous Peoples written by and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Crown Consultation Policies and Practices Across Canada written by Maria A. Morellato and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: She is a civil litigator and negotiator In addition, she was voted by peers as one of the and has acted as legal counsel before all levels of the leading lawyers in Canada in the 2006 inaugural court system, including the Supreme Court of Canada edition of The Best Lawyers in Canada, as well as each and the Federal Court. [...] In The limited scope of the policies issued by Alberta, light of jurisprudence which provides that Aboriginal Manitoba, Quebec and Saskatchewan (i.e., the preclusion rights cannot be extinguished by the Province and of consultation and accommodation discussions on can not be extinguished by Parliament except by clear the issue of Aboriginal title and subsurface mineral and plain legislative intent [...] The case law patently illustrates that our courts have held the Crown responsible and accountable to Aboriginal peoples in a wide variety of circumstances, Allocating Land and Resources in a Manner including those where the Crown has exercised that Recognizes and Reflects Aboriginal discretionary power in the management and adminis- and Treaty Rights tration of treaty lands as well as lands and re [...] Marshall20, Gladstone21 and Delgamuukw of consultation and accommodation policies across also require the application of the principle of priority Canada recognize the need for joint decision making to commercial Aboriginal rights, including what processes between First Nations and the Crown the Court refers to as the "economic component" of (rather than unilateral Crown decisions), these policies [...] Honour of the Crown More specifically, with respect to the Crown's The duty to act honourably towards Aboriginal people responsibility in relation to the accommodation of also informs the manner in which Crown officials must Aboriginal title, the Court has suggested that its interpret and apply legislation and treaties.
