A "Consultation Dance" for Legitimacy

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Author: Minh Thuy Do
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

The duty to consult is an Aboriginal right under s. 35 of Canada's Constitution Act, 1982. Under the duty, the Crown must consult with Indigenous nations if their asserted or recognized rights may be negatively impacted by a proposed Crown action. The Supreme Court of Canada (SCC) has explained that all parties in consultation need to act in good faith and that the Crown is expected to act honourably in order to discharge the duty. This dissertation posits a framework to evaluate whether the Crown upholds its honour throughout decision-making. The framework of input, throughput, and output legitimacy can demonstrate whether the Crown is acting legitimately towards Indigenous peoples' and their concerns throughout various stages of decision-making. The dissertation then applies this framework to B.C.'s Environmental Assessment (B.C. EA) process in order to assess how the duty to consult is implemented. I find that the Crown does not attain some key aspects of input, throughput, and output legitimacy. In particular, Indigenous parties perceive that they do not have adequate resources to participate effectively in consultation activities; there is a lack of accountability and transparency regarding the Crown's decision-making throughout the EA process; and the Environmental Assessment Office does not sufficiently explain how its preferred course of action provides superior protection for Aboriginal rights over alternative actions. The Crown exhibits these shortcomings because it prefers to fulfill the duty in a way that is least disruptive to existing norms and practices, even when doing so increases the risk of Indigenous peoples pursuing litigation to challenge the Crown. Consequently, contentious politics and expensive, time-consuming legal challenges continue, ultimately casting doubt on the duty to consult's ability to advance reconciliation between the Crown and Indigenous peoples.

'And there'll be NO dancing'

'And there'll be NO dancing'
Author: Elisabeth Baehr
Publisher: Cambridge Scholars Publishing
Total Pages: 366
Release: 2017-05-11
Genre: Social Science
ISBN: 1443891541

Just prior to the federal election of 2007, the Australian government led by John Howard decreed the “Northern Territory National Emergency Response”, commonly known as the Intervention, officially in reaction to an investigation by the Northern Territory government into allegedly rampant sexual abuse and neglect of Indigenous children. The emergency laws authorised the Australian government to drastically intervene in the self-determination of Indigenous communities in contravention of the UN Declaration of Human Rights and of the Rights of Indigenous Peoples. Far from improving the living conditions of Indigenous Australians and children, the policies have resulted in disempowerment, widespread despair, criminalisation and higher unemployment. The Intervention and subsequent political measures have led to heated controversies and continue to divide the Australian nation. They have revived the trauma of the past—including of the Stolen Generations—and have substantially damaged the process of reconciliation. Fourteen essays by scholars from Australia and Germany examine (historical) contexts and discourses of the Intervention and subsequent policies impacting Indigenous Australia since 2007 from the perspective of diverse academic disciplines including history, sociology, law, Indigenous studies, art history, literature, education and media studies. They invite readers to engage in the debate about human rights, about Indigenous self-determination, and about the preservation of Indigenous culture.

Democracy's Body

Democracy's Body
Author: Sally Banes
Publisher: Duke University Press
Total Pages: 292
Release: 1993
Genre: Performing Arts
ISBN: 9780822313991

Judson Dance Theater involved such collaborators as Merce Cunningham, Yvonne Rainer, Steve Paxton, Carolee Schneemann, Trisha Brown, Robert Rauschenberg, David Tudor, et al.

Dancing with Iris

Dancing with Iris
Author: Ann Ferguson
Publisher: Oxford University Press
Total Pages: 280
Release: 2009-10-08
Genre: Social Science
ISBN: 0190452811

Iris Marion Young was a world-renowned feminist moral and political philosopher whose many books and articles spanned more than three decades. She explored issues of social justice and oppression theory, the phenomenology of women's bodies, deliberative democracy and questions of terrorism, violence, international law and the role of the national security state. Her works have been of great interest to those both in the analytic and Continental philosophical tradition, and her roots range from critical theory (Habermas and Marcuse), and phenomenology (Beauvoir and Merleau Ponty) to poststructural psychoanalytic feminism (Kristeva and Ingaray). This anthology of writings aims to carry on the fruitful lines of thought she created and contains works by both well-known and younger authors who explore and engage critically with aspects of her work. The essays include personal remembrances as well as a last interview with Young about her work. The essays are organized into topic areas that are of interest to students in advanced undergraduate and graduate courses in ethics, feminist theory, and political philosophy.

Billboard

Billboard
Author:
Publisher:
Total Pages: 144
Release: 1976-10-02
Genre:
ISBN:

In its 114th year, Billboard remains the world's premier weekly music publication and a diverse digital, events, brand, content and data licensing platform. Billboard publishes the most trusted charts and offers unrivaled reporting about the latest music, video, gaming, media, digital and mobile entertainment issues and trends.

Ghost Dancing with Colonialism

Ghost Dancing with Colonialism
Author: Grace Li Xiu Woo
Publisher: UBC Press
Total Pages: 361
Release: 2011-09-01
Genre: Social Science
ISBN: 0774818905

Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples.

Ethnonationalism in the Contemporary World

Ethnonationalism in the Contemporary World
Author: Daniele Conversi
Publisher: Psychology Press
Total Pages: 324
Release: 2002
Genre: Political Science
ISBN: 9780415332736

Essential reading for anyone interested in problems associated with ethnicity and nationalism - it offers a guide to understanding the ethnonational forces that underpin much of recent terrorist activity.

An Introduction to Consultee-Centered Consultation in the Schools

An Introduction to Consultee-Centered Consultation in the Schools
Author: Jonathan H. Sandoval
Publisher: Routledge
Total Pages: 196
Release: 2013-12-04
Genre: Education
ISBN: 1136506837

Drawing on historical writings about mental health consultation and on contemporary research and theory, Jonathan Sandoval lucidly explains the consultee-centered approach to consultation. The book provides an expert foundation on which to build a training program for future school-based consultants. Written for graduate students in school psychology, counseling psychology, special education, and social work, this book is an invaluable resource for mental health professionals working in schools who wish to upgrade their professional skills and grow as reflective practitioners. Individual chapters describe different stages in the consultation process; outline the processes characterized in each stage; detail useful consultant skills; review pertinent research; discuss the ethical principles underlying practice; and suggest self-monitoring questions for student consultants. Featuring a step-by-step developmental model of the consultee-centered consultation process, this book encourages consultants to prioritize those characteristics that contribute to a consultee’s work difficulty, in addition to assessing the client more generally. By detailing this unique approach, this concise volume provides an applicable, contextualized, and strategic form of consultation, and fosters a professional-to-professional relationship distinguishable from supervision, counseling, therapy, coaching or other methods.