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Revisiting The Duty To Consult Aboriginal Peoples
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Book Synopsis Revisiting the Duty to Consult Aboriginal Peoples by : Dwight G. Newman
Download or read book Revisiting the Duty to Consult Aboriginal Peoples written by Dwight G. Newman and published by Purich Publishing. This book was released on 2019-01-31 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Duty to Consult by : Dwight G. Newman
Download or read book The Duty to Consult written by Dwight G. Newman and published by UBC Press. This book was released on 2009-10-25 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Truth and Reconciliation Commission of Canada Publisher :James Lorimer & Company ISBN 13 :1459410696 Total Pages :673 pages Book Rating :4.4/5 (594 download)
Book Synopsis Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary by : Truth and Reconciliation Commission of Canada
Download or read book Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary written by Truth and Reconciliation Commission of Canada and published by James Lorimer & Company. This book was released on 2015-07-22 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
Book Synopsis The Honour and Dishonour of the Crown by : Jamie D. Dickson
Download or read book The Honour and Dishonour of the Crown written by Jamie D. Dickson and published by Purich Publishing. This book was released on 2019-01-31 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Canada, the fundamentals of law relating to Aboriginal peoples are unclear and Indigenous communities lack appropriate guidance in terms of efficiently accessing the legal system to address breaches of their rights. This is yet another injustice endured by Aboriginal peoples in Canada. However, the Supreme Court of Canada has begun to place greater emphasis on the honour-of-the-Crown principle and less on the paternalistic, complex notion that governments owe a fiduciary duty to Aboriginal peoples. Dickson explores both theoretical and practical implications of this fundamental shift and possible future outcomes.
Book Synopsis Indigenous Peoples and the Collaborative Stewardship of Nature by : Anne Ross
Download or read book Indigenous Peoples and the Collaborative Stewardship of Nature written by Anne Ross and published by Routledge. This book was released on 2016-09-17 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Involving Indigenous peoples and traditional knowledge into natural resource management produces more equitable and successful outcomes. Unfortunately, argue Anne Ross and co-authors, even many “progressive” methods fail to produce truly equal partnerships. This book offers a comprehensive and global overview of the theoretical, methodological, and practical dimensions of co-management. The authors critically evaluate the range of management options that claim to have integrated Indigenous peoples and knowledge, and then outline an innovative, alternative model of co-management, the Indigenous Stewardship Model. They provide detailed case studies and concrete details for application in a variety of contexts. Broad in coverage and uniting robust theoretical insights with applied detail, this book is ideal for scholars and students as well as for professionals in resource management and policy.
Book Synopsis Courts and Diversity by : Bertus de Villiers
Download or read book Courts and Diversity written by Bertus de Villiers and published by BRILL. This book was released on 2024-03-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Oliver
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Oliver and published by Oxford University Press. This book was released on 2017-08-10 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Book Synopsis Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts by : Bertus de Villiers
Download or read book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts written by Bertus de Villiers and published by BRILL. This book was released on 2021-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Author :Various Authors Publisher :The Asper Chair of International Business and Trade Law ISBN 13 : Total Pages :191 pages Book Rating :4.5/5 (66 download)
Book Synopsis Asper Review of International Business and Trade Law by : Various Authors
Download or read book Asper Review of International Business and Trade Law written by Various Authors and published by The Asper Chair of International Business and Trade Law. This book was released on 2021-05-18 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asper Review of International Business and Trade Law provides reviews and articles on current developments from the Asper Chair.
Book Synopsis Remedies for Human Rights Violations by : Kent Roach
Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Book Synopsis Aboriginal Peoples and the Law by : Jim Reynolds
Download or read book Aboriginal Peoples and the Law written by Jim Reynolds and published by Purich Books. This book was released on 2018-05-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Crossroads by : Kate Puddister
Download or read book Constitutional Crossroads written by Kate Puddister and published by UBC Press. This book was released on 2022-12-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change. This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada’s constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.
Book Synopsis Indigenous Peoples and the Second World War by : R. Scott Sheffield
Download or read book Indigenous Peoples and the Second World War written by R. Scott Sheffield and published by Cambridge University Press. This book was released on 2019 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: A transnational history of how Indigenous peoples mobilised en masse to support the war effort on the battlefields and the home fronts.
Book Synopsis Research Handbook on the International Law of Indigenous Rights by : Newman, Dwight
Download or read book Research Handbook on the International Law of Indigenous Rights written by Newman, Dwight and published by Edward Elgar Publishing. This book was released on 2022-04-19 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.
Download or read book Let Right Be Done written by Hamar Foster and published by UBC Press. This book was released on 2011-11-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."
Book Synopsis The Constitution of Canada by : Jeremy Webber
Download or read book The Constitution of Canada written by Jeremy Webber and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of this text quickly established itself as the classic introduction to the Canadian constitution. Setting it in its historical context, noting especially the complex interaction of national and regional societies, it shows how the constitution continues to morph and shape itself. These changes are explored through key constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes. Clarity of expression and explanation, which never veers into simplicity, combined with the author's expertise, makes this the ideal starting point for the student or comparative lawyer keen to gain a strong understanding of how Canadian democracy and government works.
Book Synopsis Indigenous Wellbeing and Enterprise by : Rick Colbourne
Download or read book Indigenous Wellbeing and Enterprise written by Rick Colbourne and published by Routledge. This book was released on 2020-07-09 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, we explore the economic wellbeing of Indigenous peoples globally through case studies that provide practical examples of how Indigenous wellbeing is premised on sustainable self- determination that is in turn dependent on a community’s evolving model for economic development, its cultural traditions, its relationship to its traditional territories and its particular spiritual practices. Adding to the richness, geographically these chapters cover North, Central and South America, Northern Europe, the Circumpolar Arctic, Southern Europe, the Middle East, Asia and Oceania and a resulting diverse set of Indigenous peoples. The book addresses key issues related to economic, environmental, social and cultural value creation activities and provides numerous examples and case studies of Indigenous communities globally which have successfully used entrepreneurship in the pursuit of sustainable development and wellbeing. Readers will gain practical understandings of the nature of sustainable economic development from a cross- section of case studies of Indigenous perspectives globally. The chapters map out the international development of Indigenous rights and the influence that this has had on Indigenous communities globally in asserting their sovereignty and acting on their rights to develop sustainable governance and economic development practices. Readers will develop insights into the intersection of Indigenous governance with sustainable practice and community wellbeing through practical case studies that explain the need for Indigenous- led economic development and governance strategies, which are responsive to local, regional, national and international realities in developing sustainable Indigenous economies focused on economic, environmental, social and cultural value creation. This book will be useful for Indigenous and non- Indigenous business students studying undergraduate business or MBA programs who seek to understand the global context and the varied experiences of Indigenous peoples in developing sustainable economic development strategies that promote community wellbeing.
