The Duty To Consult

Author : Dwight G. Newman
Publisher : UBC Press
Page : 128 pages
File Size : 55,8 Mb
Release : 2009-10-25
Category : Law
ISBN : 9781895830491

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The Duty to Consult by Dwight G. Newman Pdf

"[W]hen precisely does a duty to consult arise? The foundation of the duty in the Crown's honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it." Chief Justice Beverley McLachlin, Supreme Court of Canada, Haida Nation v. British Columbia, 2004. 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 Métis 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
Page : 192 pages
File Size : 53,5 Mb
Release : 2019-01-31
Category : Law
ISBN : 9780774880497

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Revisiting the Duty to Consult Aboriginal Peoples by Dwight G. Newman Pdf

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 : Unknown
Page : 645 pages
File Size : 54,6 Mb
Release : 2013-09
Category : Indians of North America
ISBN : 0779854101

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Terms of Coexistence by Sébastien Grammond Pdf

"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 : Shin Imai,Katharine Logan,Gary Stein
Publisher : Scarborough, Ont. : Carswell
Page : 329 pages
File Size : 50,5 Mb
Release : 1993
Category : Autochtones - Canada - Droit - Ouvrages de vulgarisation
ISBN : 0459557777

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Aboriginal Law Handbook by Shin Imai,Katharine Logan,Gary Stein Pdf

Author : KERRY. WILKINS
Publisher : Unknown
Page : 128 pages
File Size : 44,7 Mb
Release : 2018
Category : Electronic
ISBN : 0779886224

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ESSENTIALS OF CANADIAN ABORIGINAL LAW. by KERRY. WILKINS Pdf

Author : Robert P. C. Joseph,Cynthia F. Joseph
Publisher : Unknown
Page : 192 pages
File Size : 42,5 Mb
Release : 2007
Category : Education
ISBN : STANFORD:36105123342557

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Working Effectively with Aboriginal Peoples by Robert P. C. Joseph,Cynthia F. Joseph Pdf

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 : Yvonne Boyer
Publisher : Purich Publishing
Page : 224 pages
File Size : 47,9 Mb
Release : 2019-01-31
Category : Health & Fitness
ISBN : 9781895830996

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Moving Aboriginal Health Forward by Yvonne Boyer Pdf

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 : Thomas Isaac
Publisher : UBC Press
Page : 448 pages
File Size : 43,6 Mb
Release : 2012-08-15
Category : Law
ISBN : 9781895830651

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Aboriginal Law, Fourth Edition by Thomas Isaac Pdf

Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.

Author : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 53,8 Mb
Release : 2018-05-15
Category : Law
ISBN : 9780774880237

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Aboriginal Peoples and the Law by Jim Reynolds Pdf

The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship 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. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Thomas Isaac
Publisher : Saskatoon : Purich Pub.
Page : 559 pages
File Size : 43,9 Mb
Release : 2004-01-01
Category : Law
ISBN : 1895830230

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Aboriginal Law by Thomas Isaac Pdf

This edition contains more extensive commentary than earlier editions, and highlights the most important aspects of Canadian law affecting Aboriginal peoples. The author provides detailed information on and analysis of current law, referring to relevant court decisions, statutes, and land claims agreements, many of which are excerpted. All major Supreme Court of Canada decisions on Aboriginal rights in the last four decades are referred to and most are excerpted. The detailed index makes this book easy to use. This book is written and designed for use by anyone interested in Aboriginal legal issues. While national in scope, this book also canvasses the claims of First Nations peoples in BC, the unique situation of Maritime First Nations, land claim agreements in northern Canada, and the special place of the numbered treaties covering the Prairie provinces. Thomas Isaac is a nationally recognized authority in the area of Aboriginal law and the author of many books and articles, including two earlier editions of Aboriginal Law and Aboriginal and Treaty Rights in the Maritimes: The Marshall Decision and Beyond. He practices law with McCarthy Tetrault LLP in Vancouver.

Author : Alison Green
Publisher : Ballantine Books
Page : 304 pages
File Size : 52,5 Mb
Release : 2018-05-01
Category : Business & Economics
ISBN : 9780399181825

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Ask a Manager by Alison Green Pdf

From the creator of the popular website Ask a Manager and New York’s work-advice columnist comes a witty, practical guide to 200 difficult professional conversations—featuring all-new advice! There’s a reason Alison Green has been called “the Dear Abby of the work world.” Ten years as a workplace-advice columnist have taught her that people avoid awkward conversations in the office because they simply don’t know what to say. Thankfully, Green does—and in this incredibly helpful book, she tackles the tough discussions you may need to have during your career. You’ll learn what to say when • coworkers push their work on you—then take credit for it • you accidentally trash-talk someone in an email then hit “reply all” • you’re being micromanaged—or not being managed at all • you catch a colleague in a lie • your boss seems unhappy with your work • your cubemate’s loud speakerphone is making you homicidal • you got drunk at the holiday party Praise for Ask a Manager “A must-read for anyone who works . . . [Alison Green’s] advice boils down to the idea that you should be professional (even when others are not) and that communicating in a straightforward manner with candor and kindness will get you far, no matter where you work.”—Booklist (starred review) “The author’s friendly, warm, no-nonsense writing is a pleasure to read, and her advice can be widely applied to relationships in all areas of readers’ lives. Ideal for anyone new to the job market or new to management, or anyone hoping to improve their work experience.”—Library Journal (starred review) “I am a huge fan of Alison Green’s Ask a Manager column. This book is even better. It teaches us how to deal with many of the most vexing big and little problems in our workplaces—and to do so with grace, confidence, and a sense of humor.”—Robert Sutton, Stanford professor and author of The No Asshole Rule and The Asshole Survival Guide “Ask a Manager is the ultimate playbook for navigating the traditional workforce in a diplomatic but firm way.”—Erin Lowry, author of Broke Millennial: Stop Scraping By and Get Your Financial Life Together

Author : Ibironke T. Odumosu-Ayanu,Dwight Newman
Publisher : Routledge
Page : 339 pages
File Size : 50,5 Mb
Release : 2020-12-27
Category : Law
ISBN : 9780429012853

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Indigenous-Industry Agreements, Natural Resources and the Law by Ibironke T. Odumosu-Ayanu,Dwight Newman Pdf

This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.

Author : Bob Joseph,Cindy Joseph
Publisher : Indigenous Relations Press
Page : 210 pages
File Size : 40,8 Mb
Release : 2019-05-09
Category : Social Science
ISBN : 1989025641

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Indigenous Relations by Bob Joseph,Cindy Joseph Pdf

"We are all treaty people. This eagerly awaited sequel to the bestselling 21 Things You May Not Know About the Indian Act offers practical tools that will help you respectfully avoid missteps in your business interactions and personal relationships with Indigenous Peoples. This book will teach you about: Aboriginal Rights and Title, and the treaty process the difference between hereditary and elected leadership, and why it matters the lasting impact of the Indian Act, including the barriers that Indigenous communities face which terms are preferable, and which should be avoided Indigenous Worldviews and cultural traditions the effect of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canada the truth behind common myths and stereotypes perpetuated about Indigenous Peoples since Confederation. In addition to being a hereditary chief, Bob Joseph is the President of Indigenous Corporate Training Inc., which offers programs in cultural competency. Here he offers an eight-part process that businesses and all levels of government can use to work more effectively with Indigenous Peoples, which benefits workplace culture as well as the bottom line. Embracing reconciliation on a daily basis in your work and personal life is the best way to undo the legacy of the Indian Act. By understanding and respecting cultural differences, you$1 (Bre taking a step toward full reconciliation between Indigenous and non-Indigenous peoples."--s.

Author : Bob Joseph,Cynthia F. Joseph
Publisher : Unknown
Page : 208 pages
File Size : 53,6 Mb
Release : 2017-12-03
Category : Social Science
ISBN : 0978162854

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Working Effectively with Indigenous Peoples® by Bob Joseph,Cynthia F. Joseph Pdf

Whether you're just starting out or want to increase your knowledge, Working Effectively with Indigenous Peoples(R) is written to support people in their Indigenous relations endeavours. The fourth edition has additional content and a fresh look inside and out.