Newman, Dwight
University of Saskatchewan, College of Law
I-Portal Content
A Legal-Historical Consideration of Links Between Canadian and South African Racial Policies
Articles » Scholarly, peer reviewed
Author/Creator
Simonne Horwitz
Dwight Newman
Commonwealth Law Bulletin, vol. 36, no. 4, 2010, pp. 691-706
Description
Contends that links between Canadian policies and African apartheid are doubtful and claims that specific Canadian legal approaches have been adopted by South Africa's system, are absent from South African historical accounts.
Arctic Energy Development and Best Practices on Consultation With Indigenous Peoples
Articles » Scholarly, peer reviewed
Author/Creator
Dwight Newman
Michelle Biddulph
Lorelle Binnion
Boston University International Law Journal, vol. 32, no. 2, Summer, 2014, pp. 101-160
Description
Looks at some of the challenges associated with energy development in the Arctic which include environment, underdeveloped infrastructure and legal issues surrounding consultation.
Between Consenting Peoples: Political Community and the Meaning of Consent
Articles » Scholarly, peer reviewed
Author/Creator
Dwight Newman
Osgoode Hall Law Journal, vol. 49, no. 2, 2011, pp. 375-380
Description
Book Review of Between Consenting Peoples: Political Community and the Meaning of Consent, edited by Jeremy Webber and Colin M. Macleod.
Consultation and the International Legal Status of Indigenous Communities
Alternate Title
Annual Conference of the Canadian Political Science Association ; 2012
Documents & Presentations
Author/Creator
Dwight Newman
Description
Analyzes the United Nations Declaration of the Rights of Indigenous Peoples related to consultation with Indigenous groups and its formations of customary international law.
Paper presented at the Annual Conference of the Canadian Political Science Association, 12-15 June 2012, Edmonton, Alberta.
Contractual and Covenantal Conceptions of Modern Treaty Interpretation
Articles » Scholarly, peer reviewed
Author/Creator
Dwight Newman
The Supreme Court Law Review, vol. 54, 2011, pp. [475]-491
Description
Examines the impact of two Supreme Court of Canada decisions regarding the interpretations of modern treaties.
Emerging Challenges on Consultation with Indigenous Communities in the Canadian Provincial North
Articles » Scholarly, peer reviewed
Author/Creator
Dwight Newman
Northern Review, no. 39, Consultation and Resource Development in Northern Communities: Russia, Scandinavia & Canada, 2015, pp. 22-30
Description
Discusses some concerns by Aboriginal communities with the duty to consult policy framework in Saskatchewan.
Evolution of Yukon's Aboriginal Law and the Goal of Reconciliation: A 360 Degree Perspective
Alternate Title
Action Canada Papers Series, September 2014
Documents & Presentations
Author/Creator
Dwight G. Newman
Description
An overview of Canadian-Aboriginal relations as they are playing out in the Yukon
From Recognition to Reconciliation: Essays on the Constitutional Entrenchment of Aboriginal and Treaty Rights
E-Books
Author/Creator
Patrick Macklem
Mark D. Walters
Jeremy Webber
Brian Slattery
P. G. McHugh
Dwight Newman ... [et al.]
Is the Sky the Limit?: Following the Trajectory of Aboriginal Legal Rights in Resource Development
Alternate Title
Aboriginal Canada and the Natural Resource Economy Series ; 7
Documents & Presentations
Author/Creator
Dwight Newman
Description
Analyzes recent court decisions involving the "duty to consult and accommodate" and Aboriginal title.
Mining and Aboriginal Rights in the Yukon: How Certainty Affects Investor Confidence
Documents & Presentations
Author/Creator
Malcolm Lavoie
Dwight Newman
Description
Looks at crowning legal uncertainty about Aboriginal land claims and the resource sector investment.
Norms of Consultation with Indigenous Peoples: Decentralization of International Law Formation or Reinforcement of States' Role?
E-Books » Chapters
Author/Creator
Dwight Newman
Description
An analysis of the role of the Special Rapporteur on the advancement of the norms of Indigenous consultation.
Chapter in International Law in the New age of Globalization edited by Andrew Byrnes, Mika Hayashi, Chris Michaelsen
Stepping Into the Sunshine Without Getting Burned: The Extractive Sector Transparency Measures Act (ESTMA) and Aboriginal Communities
Alternate Title
Aboriginal Canada and the Natural Resource Economy Series ; 11
Documents & Presentations
Author/Creator
Dwight Newman
Kaitlyn S. Harvey
Description
Act requires disclosure of payments given to Aboriginal communities by the extractive resource industry when Impact Benefit Agreements are negotiated.
Study of the Judgments of the Saskatchewan Court of Appeal, 2004
Articles » Scholarly, peer reviewed
Author/Creator
Dwight G. Newman
Saskatchewan Law Review, vol. 69, no. 2, 2006, pp. 309-350
Description
The sixth article in a series to provide overview of Appeal decisions, includes brief comments on sentencing of Aboriginal offenders and sentencing circles.
The Duty to Consult Doctrine and Representative Structures for Consultation with Métis Communities and Non-Status Indian Communities
Alternate Title
Aboriginal Policy Research Series (Institute on Governance)
Documents & Presentations
Author/Creator
Dwight Newman
Aboriginal Policy Research
Description
Analyzes implications of case law for off-reserve communities and for governments' interactions with them. Discusses the related issue of what forms of governance institutions and/or corporate organizations can pursue consultation on behalf of communities.
The Economic Characteristics of Indigenous Property Rights: A Canadian Case Study
Articles » Scholarly, peer reviewed
Author/Creator
Dwight Newman
Nebraska Law Review, vol. 95, no. 2, 2016, pp. 432-476
Description
Discusses the need for more economic analysis for developing approaches to Indigenous property rights.
The End is Not Nigh: Reason Over Alarmism in Analysing the Tsilhqpot'in Decision
Alternate Title
Aboriginal Canada and the Natural Resource Economy Series ; 5
Documents & Presentations
Author/Creator
Kenneth Coates
Dwight Newman
Description
Examines background and implications of the landmark Supreme Court decision which, for the first time, granted Aboriginal title outside a reserve.
The Rule and Role of Law: The Duty to Consult, Aboriginal Communities, and the Canadian Natural Resource Sector
Alternate Title
Aboriginal Canada and the Natural Resource Economy Series ; 4
Documents & Presentations
Author/Creator
Dwight Newman
Description
Overview of the evolution, implementation, and implications of the doctrine.
Toward a Cross-Cultural Moral Theorizing of Aboriginal Rights
Alternate Title
First Nations, First Thoughts Conference
Documents & Presentations
Author/Creator
Dwight G. Newman
Description
Explores methodologies which seek to inform and persuade courts and legislators while encompassing Aboriginal concepts of rights.
Untangling Equality-Based Arguments for Indigenous Rights
Documents & Presentations
Author/Creator
Dwight G. Newman
Description
Uses the work of Will Kymlicka and Patrick Macklem to discuss the legal protection or entrenchment of Indigenous rights.
An unfinished draft paper for a presentation at the Oxford Jurisprudence Discussion Group.
You Still Know Nothin' 'Bout Me: Toward Cross-Cultural Theorizing of Aboriginal Rights
Alternate Title
You Still Know Nothing About Me: Toward Cross-Cultural Theorizing of Aboriginal Rights
Articles » Scholarly, peer reviewed
Author/Creator
Dwight Newman
McGill Law Journal, vol. 52, no. 4, 2007, pp. [725]-756
Description
Looks at the impact of culture and methodology on creating a cross-cultural moral theory.