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 193 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 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 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 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 The Constitution Act 1982 written by Canada and published by . This book was released on 1996 with total page 0 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 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 Indigenous Peoples and International Trade written by John Borrows and published by Cambridge University Press. This book was released on 2020-06-18 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.
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 Moving Aboriginal Health Forward written by Yvonne Boyer and published by Purich Publishing. This book was released on 2019-01-31 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a clear connection between the health of individuals and the legal regime under which they live, particularly Aboriginal peoples. From the early ban on traditional practices to the constitutional division of powers (including who is responsible for off-reserve Indians under the Constitution), this is an historical examination of Canadian legal regimes and the impact they have had on the health of Aboriginal peoples. With an emphasis on the social determinants of health, Boyer outlines how commitments made regarding Aboriginal rights through treaties and Supreme Court of Canada rulings can be used to advance the health of Aboriginal peoples.
Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Download or read book Climate Change and Indigenous Peoples in the United States written by Julie Koppel Maldonado and published by Springer. This book was released on 2014-04-05 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.
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 Working Effectively with Indigenous Peoples written by Bob Joseph and published by . This book was released on 2017-12-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether you're just starting out or want to increase your knowledge, Working Effectively with Indigenous Peoples(R) is written to support people in their Indigenous relations endeavours. The fourth edition has additional content and a fresh look inside and out.
Download or read book Making the Declaration Work written by Claire Charters and published by International Work Group for Indigenous Affairs. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.
Download or read book Indigenous Relations written by Bob Joseph and published by Indigenous Relations Press. This book was released on 2019-05-09 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We are all treaty people. This eagerly awaited sequel to the bestselling 21 Things You May Not Know About the Indian Act offers practical tools that will help you respectfully avoid missteps in your business interactions and personal relationships with Indigenous Peoples. This book will teach you about: Aboriginal Rights and Title, and the treaty process the difference between hereditary and elected leadership, and why it matters the lasting impact of the Indian Act, including the barriers that Indigenous communities face which terms are preferable, and which should be avoided Indigenous Worldviews and cultural traditions the effect of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canada the truth behind common myths and stereotypes perpetuated about Indigenous Peoples since Confederation. In addition to being a hereditary chief, Bob Joseph is the President of Indigenous Corporate Training Inc., which offers programs in cultural competency. Here he offers an eight-part process that businesses and all levels of government can use to work more effectively with Indigenous Peoples, which benefits workplace culture as well as the bottom line. Embracing reconciliation on a daily basis in your work and personal life is the best way to undo the legacy of the Indian Act. By understanding and respecting cultural differences, you$1 (Bre taking a step toward full reconciliation between Indigenous and non-Indigenous peoples."--s.
