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Author: Dwight G. Newman
Publisher: UBC Press
ISBN: 1895830494
Category : Law
Languages : en
Pages : 129
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Book Description
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: UBC Press
ISBN: 1895830494
Category : Law
Languages : en
Pages : 129
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Book Description
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 Gordon Newman
Publisher: Purich Publishing
ISBN:
Category : Law
Languages : en
Pages : 204
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Book Description
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. The nature of the duty is to be defined by negotiation, best practices, and future court decisions. According to Professor Newman, good consultations are about developing relationships and finding ways of living together in the encounter that history has thrust upon us. 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; can consultation be carried out by quasi-judicial agencies and third parties; to what extent does the duty apply in treaty areas; and what duty is owed to Metis and non-status Indians? Professor Newman also examines the evolving duty to consult in international law, similar developments in Australia, and the philosophical underpinnings of the duty.
Author: Dwight G. Newman
Publisher: Purich Publishing
ISBN: 077488049X
Category : Law
Languages : en
Pages : 193
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Book Description
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:
ISBN: 9780779854103
Category : Indians of North America
Languages : en
Pages : 645
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Book Description
"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: KERRY. WILKINS
Publisher:
ISBN: 9780779886227
Category :
Languages : en
Pages :
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Book Description
Author: Nicholas Shrubsole
Publisher: University of Toronto Press
ISBN: 1487530749
Category : Law
Languages : en
Pages : 275
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Book Description
The desire to erase the religions of Indigenous Peoples is an ideological fixture of the colonial project that marked the first century of Canada’s nationhood. While the ban on certain Indigenous religious practices was lifted after the Second World War, it was not until 1982 that Canada recognized Aboriginal rights, constitutionally protecting the diverse cultures of Indigenous Peoples. As former prime minister Stephen Harper stated in Canada’s apology for Indian residential schools, the desire to destroy Indigenous cultures, including religions, has no place in Canada today. And yet Indigenous religions continue to remain under threat. Framed through a postcolonial lens, What Has No Place, Remains analyses state actions, responses, and decisions on matters of Indigenous religious freedom. The book is particularly concerned with legal cases, such as Ktunaxa Nation v. British Columbia (2017), but also draws on political negotiations, such as those at Voisey’s Bay, and standoffs, such as the one at Gustafsen Lake, to generate a more comprehensive picture of the challenges for Indigenous religious freedom beyond Canada’s courts. With particular attention to cosmologically significant space, this book provides the first comprehensive assessment of the conceptual, cultural, political, social, and legal reasons why religious freedom for Indigenous Peoples is currently an impossibility in Canada.
Author: Jody Wilson-Raybould
Publisher: Purich Books
ISBN: 0774880554
Category : Social Science
Languages : en
Pages : 253
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Book Description
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: Robert P. C. Joseph
Publisher:
ISBN:
Category : Education
Languages : en
Pages : 192
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Book Description
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.
Author: Shin Imai
Publisher: Scarborough, Ont. : Carswell
ISBN: 9780459557775
Category : Autochtones - Canada - Droit - Ouvrages de vulgarisation
Languages : en
Pages : 329
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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.
