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 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 Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book ESSENTIALS OF CANADIAN ABORIGINAL LAW written by KERRY. WILKINS and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Evolution of Social Innovation written by Frances Westley and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a time where governments and civil society organizations are putting ever-greater stock in social innovation as a route to transformation, understanding what characterizes social innovation with transformative potential is important. Exciting and promising ideas seem to die out as often as they take flight, and market mechanisms, which go a long way towards contributing to successful technical innovations, play an insignificant role in social innovations. The cases in this book explore the evolution of successful social innovation through time, from the ideas which catalysed social and system entrepreneurs to create new processes, platforms, projects and programs to fundamental social shifts in culture, economics, laws and policies which occurred as a result. In doing so, the authors shed light on how to recognize transformative potential in the early stage innovations we see today.
Download or read book Aboriginal Law Handbook written by Shin Imai and published by Scarborough, Ont. : Carswell. This book was released on 1993 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book From Where I Stand written by Jody Wilson-Raybould and published by Purich Books. This book was released on 2019-09-20 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Indigenous leader who has dedicated her life to Indigenous Rights, Jody Wilson-Raybould has represented both First Nations and the Crown at the highest levels. And she is not afraid to give Canadians what they need most – straight talk on what has to be done to move beyond our colonial legacy and achieve true reconciliation in Canada. In this powerful book, drawn from speeches and other writings, she urges all Canadians – both Indigenous and non-Indigenous – to build upon the momentum already gained or risk hard-won progress being lost. The good news is that Indigenous Nations already have the solutions. But now is time to act and build a shared postcolonial future based on the foundations of trust, cooperation, recognition, and good governance.
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 Aboriginal Law written by Thomas Isaac and published by Saskatoon : Purich Pub.. This book was released on 2004-01-01 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition contains more extensive commentary than earlier editions, and highlights the most important aspects of Canadian law affecting Aboriginal peoples. The author provides detailed information on and analysis of current law, referring to relevant court decisions, statutes, and land claims agreements, many of which are excerpted. All major Supreme Court of Canada decisions on Aboriginal rights in the last four decades are referred to and most are excerpted. The detailed index makes this book easy to use. This book is written and designed for use by anyone interested in Aboriginal legal issues. While national in scope, this book also canvasses the claims of First Nations peoples in BC, the unique situation of Maritime First Nations, land claim agreements in northern Canada, and the special place of the numbered treaties covering the Prairie provinces. Thomas Isaac is a nationally recognized authority in the area of Aboriginal law and the author of many books and articles, including two earlier editions of Aboriginal Law and Aboriginal and Treaty Rights in the Maritimes: The Marshall Decision and Beyond. He practices law with McCarthy Tetrault LLP in Vancouver.
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 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 Endangered Species Act written by William Robert Irvin and published by American Bar Association. This book was released on 2010 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As Secretary of the Interior, implementing the Endangered Species Act was one of my most important, and challenging, responsibilities. All who deal with this complex and critical law need a clear and comprehensive guide to its provisions, interpretation, and implementation. With chapters written by some of the foremost practitioners in the field, the new edition of Endangered Species Act: Law, Policy, and Perspectives is an essential reference for conservationists and the regulated community and the attorneys who represent them."---Bruce Babbbitt, former Secretary of the Interior --
Download or read book Terms of Coexistence written by Sébastien Grammond and published by . This book was released on 2013-09 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Water Governance Retheorizing Politics written by Nicole J. Wilson and published by MDPI. This book was released on 2019-10-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This republished Special Issue highlights recent and emergent concepts and approaches to water governance that re-centers the political in relation to water-related decision making, use, and management. To do so at once is to focus on diverse ontologies, meanings and values of water, and related contestations regarding its use, or its importance for livelihoods, identity, or place-making. Building on insights from science and technology studies, feminist, and postcolonial approaches, we engage broadly with the ways that water-related decision making is often depoliticized and evacuated of political content or meaning—and to what effect. Key themes that emerged from the contributions include the politics of water infrastructure and insecurity; participatory politics and multi-scalar governance dynamics; politics related to emergent technologies of water (bottled or packaged water, and water desalination); and Indigenous water governance.
Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
