Summarizes key decisions relevant to industry and project proponents and discusses how they effect carrying out the duty to consult with Indigenous peoples.
Journal of Canadian Studies, vol. 51, no. 1, Destabilizing Canada / Le Canada déstabilisé, Winter, 2017, pp. 153-185
Description
General discussion of consultation and consent, and analysis of recent legal cases which illustrate how Indigenous peoples in Alberta have been excluded from decision-making involving the oil industry.
Comments on the Kwakiutl First Nations' objections to the province's decisions to allow a forestry company to remove its private lands from a tree farm licence and to approve a forest stewardship plan. Refers to Supreme Court of Canada's decision in Chartrand v. The District Manager.
Comparative Research in Law & Political Economy Research Paper Series ; no.13
Documents & Presentations
Author/Creator
Shin Imai
Ashley Stacey
Description
Discusses two cases Neskonlith Indian Band v Salmon Arm (City) and Wahgoshing First Nation v Solid God Resources Corp both involving failure to consult with First Nations by a municipality and a private business.
McMillan Aboriginal Law Bulletin, May 2013, pp. [1]-5
Description
Discusses the Supreme Court of Canada's decision in Behn v Moulton Contracting Ltd which states that members of an Aboriginal group cannot invoke "self-help" remedies when claiming that the government breached its duty to consult.
Annual Forum on Aboriginal Law, Consultation, and Accommodation ; 6th
Media » Film and Video
Author/Creator
Daniel Pagowski
Sandra Gogal
Christopher Devlin
Description
Topics covered include: overview of the duty, cumulative effects, accommodation, roles of tribunals, strength of claim, and industry's role in consultation.
Duration: 53:43.