Practices based on experiences shared by First Nations leaders and managers, lawyers specializing in Indigenous law, and previous reports. Primary focus is British Columbia, but information generally applies across Canada.
Updated version of Best Practices for Consultation and Accommodation by MNP.
Overview of significant decisions in the areas of: Aboriginal rights and title, costs, division of powers, duty to consult, fiduciary duty, Honour of the Crown, Indian Act Registration, infringement, specific claims, treaties, etc.
Study consisted of a literature review, ten interviews, and four case studies: Tłı̨chǫ All‐season Road Project, Hope Bay Mining Ltd, Offshore Oil and Gas Strategic Environmental Assessment, and Adams Lake Cumulative Effects Land Use and Management Assessment
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Background Paper (Library of Parliament) ; no. 2019-17-E
Documents & Presentations
Author/Creator
Isabelle Brideau
Description
Brief overview of the principal, and discussion of key considerations including with whom does the duty rest, when it is engaged, it's scope, what happens when government fails to fulfill it, the duty to accommodate, and consultation policies and guidelines.
Canadian Journal of Women and the Law, vol. 18, no. 2, 2006, pp. 513-533
Description
Discusses divorce settlements involving real property on-reserve, issues arising from the Constitution and Indian Act that prevent application of provincial law and focuses on the impact of policy on women.
Discusses principles that should be used when building consensus including: early and ongoing consultation, meaningful dialogue, and inclusivity, accessibility and capacity enhancement. Fostering partnerships based on the application of Indigenous knowledge, sustainable and equitable development, infrastructure modernization and energy independence.
"June 2019, 42nd Parliament, 1st Session"
Discussion of current land and resource strategies used by the federal and provincial governments and how they interface with Aboriginal law and Aboriginal rights and title.
The Need for a Unique Métis Claims Process - Minister's Special Representative Report (2016) on Métis Section 35 Rights
Media » Film and Video
Author/Creator
Thomas Isaac
Zachary Davis
Description
Two presentations: "The Need for a Unique Métis Claims Process - Minister's Special Representative Report (2016) on Métis Section 35 Rights" and "Métis Scrip: A Claim Against the Crown". Followed by question and answer period.
Duration: 1:54:44.
Discusses different aspects of duty to consult, the relationship between consultation and accommodation, and whether or not the B.C. Provincial Policy for Consultation with First Nations is meeting the demands of consultation.
Canadian Journal of Political Science, vol. 39, no. 1, March 2006, pp. 97-116
Description
Looks at the Sawridge dispute, and problems associated with Bill C-31 regarding Aboriginal women’s rights within their own societies both on and off the reserves.