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 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 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 Jim Reynolds and published by Purich Books. This book was released on 2018-05-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Reconceiving the Duty to Consult and Accommodate Aboriginal Peoples written by Kirsten Manley-Casimir 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 Working Effectively with Aboriginal Peoples written by Robert P. C. Joseph and published by . This book was released on 2007 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The changing legal, political and economic landscape of Aboriginal Peoples represent some of the biggest change, challenges, risks and exciting opportunities for individuals and organizations today. Whether you're just starting out or want to increase your knowledge, this book is written to help individuals and organizations to work more effectively with Aboriginal peoples. The information in this book has been field tested with Aboriginal and non-Aboriginal peoples and will help readers get beyond background information and aboriginal awareness and into understanding and guidance that can be applied in innovative ways wherever you find Aboriginal peoples.
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 The Honour and Dishonour of the Crown written by Jamie D. Dickson and published by Purich Publishing. This book was released on 2019-01-31 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Canada, the fundamentals of law relating to Aboriginal peoples are unclear and Indigenous communities lack appropriate guidance in terms of efficiently accessing the legal system to address breaches of their rights. This is yet another injustice endured by Aboriginal peoples in Canada. However, 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 and possible future outcomes.
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 Assessing the Duty to Consult written by and published by . This book was released on 2019 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Courts and Diversity written by Bertus de Villiers and published by BRILL. This book was released on 2024-03-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
Download or read book Delegated Legislation and the Duty to Consult on and Accommodate Aboriginal and Treaty Rights written by John Mark Keyes and published by . This book was released on 2019 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the duty to consult on and accommodate Aboriginal and Treaty rights in relation to law-making. In Mikisew Cree First Nation v Canada the Supreme Court of Canada recently addressed the application of this duty to parliamentary bodies and their law-making functions with a majority of the Court concluding it did not apply. The Court did not address law-making by non-parliamentary bodies that make delegated legislation. This article examines this question and concludes there is good reason to think the duty applies to law-making by the executive branch and other bodies that perform executive law-making functions. The article also considers the effect (if any) that administrative law consultation requirements for delegated legislation might have on the duty to consult and accommodate on Indigenous matters. Finally, it considers whether the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) will have any effect on these issues, particularly given a proposal to implement it through Bill C-297.
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Oliver and published by Oxford University Press. This book was released on 2017-08-10 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 Asper Review of International Business and Trade Law written by Various Authors and published by The Asper Chair of International Business and Trade Law. This book was released on 2021-05-18 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asper Review of International Business and Trade Law provides reviews and articles on current developments from the Asper Chair.
Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
