Summarizes key decisions relevant to industry and project proponents and discusses how they effect carrying out the duty to consult with Indigenous peoples.
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 120-131
Description
Focuses on development of doctrine of Aboriginal rights by the courts since the 1982 amendment and defining who constitutes the "Métis people" in section 35.
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.
Presents a guide that enables real property practitioners and managers to make decisions on policy objectives and legal and statutory obligations related to Aboriginal rights.
The Other Declarations in Daniels: Fiduciary Obligations and the Duty to Negotiate
[Daniels: In and Beyond the Law]
[History, Jurisdiction, and Identity in Daniels v Canada]
[The Chicken and the Egg: Unanswered Questions from Daniels
Media » Film and Video
Author/Creator
Eric Adams
Catherine Bell
Paul Seaman
Description
Three presenters discuss the Daniels decision: First looks at the decision in terms of history, jurisdiction, and identity and citizenship; second analyzes the reasons given by the court for denying two declarations that were sought in the case; and third discusses problem of who can legitimately decide if someone is part of the Métis collective.
Duration: 1:08:05.
Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.
Symposium on Reconciliation ; Toronto, Ontario February, 2011
Media » Film and Video
Author/Creator
Ian Binnie
Description
Honourable Justice Ian Binnie, Supreme Court of Canada, speaks at the Symposium on Reconciliation in Toronto, Ontario, February, 2011.
Duration: 5:46.
Part 1 of 5.
Eagle Feather News, vol. 14, no. 8, August 2011, p. 6
Description
Comments on the Natural Resources Transfer Agreement and particularly the provision known as the game laws paragraph.
Article found by scrolling to page 6.
Review of Constitutional Studies, vol. 16, no. 1, 2011, pp. 1-29
Description
Examines how the Meech Lake Accord resulted in increased activism and the implications for national politics and Aboriginal policy. Also explores how the momentum of that period has been lost and what could be done to renew it.
What is the Natural Resources Transfer Agreement Act?
Articles » General
Author/Creator
Paul Chartrand
Eagle Feather News, vol. 14, no. 7, July 2011, p. 6
Description
Comments on the Natural Resources Transfer Agreement Act and its uniqueness in being both an Act and part of the Consitution of Canada.
Article located by scrolling to page 6.