The Duty To Consult
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| Author | : Dwight G. Newman |
| Publisher | : UBC Press |
| Total Pages | : 129 |
| Release | : 2009-10-25 |
| Genre | : Law |
| ISBN | : 1895830494 |
Canada’s Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a “good” consultation; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Newman also examines the philosophical underpinnings of the duty to consult, and the evolving framework in international law and similar developments in Australia.
| Author | : Dwight G. Newman |
| Publisher | : Purich Publishing |
| Total Pages | : 193 |
| Release | : 2019-01-31 |
| Genre | : Law |
| ISBN | : 077488049X |
Since the release of The Duty to Consult (Purich, 2009), there have been many important developments on the duty to consult, including three major Supreme Court of Canada decisions. Governments, Aboriginal communities, and industry stakeholders have engaged with the duty to consult in new and probably unexpected ways, developing policy statements or practices that build upon the duty, but often using it only as a starting point for different discussions. Evolving international legal norms have also come into practice that may have future bearing. Newman offers clarification and approaches to understanding the developing case law at a deeper and more principled level, and suggests possible future directions for the duty to consult in Canadian Aboriginal law.
| Author | : Sébastien Grammond |
| Publisher | : |
| Total Pages | : 645 |
| Release | : 2013-09 |
| Genre | : Indians of North America |
| ISBN | : 9780779854103 |
"This book contains an in-depth discussion of the aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982, the provisions of the Indian Act regarding reserves and band councils, recent self-government regimes, the recognition of indigenous legal traditions, division of powers, taxation as well as the application of the child welfare and criminal justice systems. It also covers recent developments, such as the duty to consult and accommodate or the adoption of the United Nations Declaration on the Rights of the Indigenous Peoples."--pub. desc.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : KERRY. WILKINS |
| Publisher | : |
| Total Pages | : |
| Release | : 2018 |
| Genre | : |
| ISBN | : 9780779886227 |
| Author | : Yvonne Boyer |
| Publisher | : Purich Publishing |
| Total Pages | : 225 |
| Release | : 2019-01-31 |
| Genre | : Health & Fitness |
| ISBN | : 1895830990 |
There is a clear connection between the health of individuals and the legal regime under which they live, particularly Aboriginal peoples. From the early ban on traditional practices to the constitutional division of powers (including who is responsible for off-reserve Indians under the Constitution), this is an historical examination of Canadian legal regimes and the impact they have had on the health of Aboriginal peoples. With an emphasis on the social determinants of health, Boyer outlines how commitments made regarding Aboriginal rights through treaties and Supreme Court of Canada rulings can be used to advance the health of Aboriginal peoples.
| Author | : Shin Imai |
| Publisher | : Scarborough, Ont. : Carswell |
| Total Pages | : 329 |
| Release | : 1993 |
| Genre | : Autochtones - Canada - Droit - Ouvrages de vulgarisation |
| ISBN | : 9780459557775 |
| Author | : Jody Wilson-Raybould |
| Publisher | : Purich Books |
| Total Pages | : 253 |
| Release | : 2019-09-20 |
| Genre | : Social Science |
| ISBN | : 0774880554 |
An Indigenous leader who has dedicated her life to Indigenous Rights, Jody Wilson-Raybould has represented both First Nations and the Crown at the highest levels. And she is not afraid to give Canadians what they need most – straight talk on what has to be done to collectively move beyond our colonial legacy and achieve true reconciliation in Canada. In this powerful book, drawn from speeches and other writings, she urges all Canadians – both Indigenous and non-Indigenous – to build upon the momentum already gained in the reconciliation process or risk hard-won progress being lost. The good news is that Indigenous Nations already have the solutions. But now is the time to act and build a shared postcolonial future based on the foundations of trust, cooperation, recognition, and good governance. Frank and impassioned, From Where I Stand charts a course forward – one that will not only empower Indigenous Peoples but strengthen the well-being of Canada and all Canadians.
| Author | : Jim Reynolds |
| Publisher | : Purich Books |
| Total Pages | : 297 |
| Release | : 2018-05-15 |
| Genre | : Law |
| ISBN | : 0774880236 |
Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.
| Author | : Robert P. C. Joseph |
| Publisher | : |
| Total Pages | : 192 |
| Release | : 2007 |
| Genre | : Education |
| ISBN | : |
The changing legal, political and economic landscape of Aboriginal Peoples represent some of the biggest change, challenges, risks and exciting opportunities for individuals and organizations today. Whether you're just starting out or want to increase your knowledge, this book is written to help individuals and organizations to work more effectively with Aboriginal peoples. The information in this book has been field tested with Aboriginal and non-Aboriginal peoples and will help readers get beyond background information and aboriginal awareness and into understanding and guidance that can be applied in innovative ways wherever you find Aboriginal peoples.
