Duty to Consult
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Recent papers in Duty to Consult
Until recently, conflicts between Indigenous peoples and the Canadian state over land development projects have proceeded without the requirement that the state or companies obtain Indigenous consent. In 2018, this changed when the... more
Report for a SSHRC Knowledge Synthesis Grant, exploring current understandings and interpretations of engagement and the duty to consult with Indigenous Peoples in the context of resource development in Canada through analysis of public... more
In February 2020 the Fort McKay Métis Nation (FMMN) was the first Métis community to “credibly assert” its Métis Aboriginal rights under the process outlined by the Government of Alberta. In so doing, it joined the Alberta Métis... more
The principle of Free, Prior and Informed Consent (FPIC) has become increasingly important in Indigenous peoples’ rights discourse. But continuing debates over the meaning of consent show the need for further clarification. In the... more
Although Canada has been applauded for its co-management arrangements in recently established national parks, it continues to struggle with its legacy of colonial dispossession of Indigenous peoples, especially in its older and more... more
Étude réalisée dans le cadre du plan d’acquisition de connaissances additionnelles de l’évaluation environnementale stratégique globale sur les hydrocarbures au Québec.
Chantier société, GSOC02
Chantier société, GSOC02
Se analiza la sentencia dictada por la Corte de Apelaciones de Copiapó el 12 de diciembre de 2017, por la cual se rechaza una alegación de una comunidad indígenarelativa a la procedencia de la consulta de manera previa a la constitución... more
This paper examines how the obligation to consult is defined in Canada, and how, if exercised adequately, this obligation to consult and accommodate is a good example of respect for a new form of human rights, the cultural rights of... more
Although Canada has been applauded for its co-management arrangements in recently established national parks, it continues to struggle with its legacy of colonial dispossession of Indigenous peoples, especially in its older and more... more
Until recently, conflicts between Indigenous peoples and the Canadian state over land development projects have proceeded without the requirement that the state or companies obtain Indigenous consent. In 2018, this changed when the... more
There is existing tension within many Aboriginal communities between economic development and preservation of traditional lands for the continued practice of traditional activities. The "duty to consult" doctrine has has become... more
This is a submission on A Blueprint for Change: A Proposal to modernize and strengthen the Aggregate Resources Act Policy Framework, EBR Registry Number: 012-5444
The project of reconciliation, heralded by the inclusion of section 35 in the Constitution Act, 1982, has made important strides as Canadian courts have expanded and elaborated the rights of Aboriginal peoples and the duties of the Crown.... more