The Duty to Consult

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Publisher : UBC Press
ISBN 13 : 1895830494
Total Pages : 128 pages
Book Rating : 4.8/5 (958 download)

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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 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[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.

Revisiting the Duty to Consult Aboriginal Peoples

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Author :
Publisher : Purich Publishing
ISBN 13 : 077488049X
Total Pages : 192 pages
Book Rating : 4.7/5 (748 download)

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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 192 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.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Aboriginal Law Handbook

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Publisher : Scarborough, Ont. : Carswell
ISBN 13 : 9780459557775
Total Pages : 329 pages
Book Rating : 4.5/5 (577 download)

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Book Synopsis Aboriginal Law Handbook by : Shin Imai

Download or read book Aboriginal Law Handbook written by Shin Imai and published by Scarborough, Ont. : Carswell. This book was released on 1993 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Terms of Coexistence

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Publisher :
ISBN 13 : 9780779854103
Total Pages : 645 pages
Book Rating : 4.8/5 (541 download)

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Book Synopsis Terms of Coexistence by : Sébastien Grammond

Download or read book Terms of Coexistence written by Sébastien Grammond and published by . This book was released on 2013-09 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Prior Consultation in International Law

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Publisher :
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.X/5 ( download)

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Book Synopsis Prior Consultation in International Law by : Frederic L. Kirgis

Download or read book Prior Consultation in International Law written by Frederic L. Kirgis and published by . This book was released on 1983 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the role and the value of prior consultation among nations in international law. International disputes frequently occur when one nation, with no hostile intent, takes unilateral action that adversely affects the interests of other nations. It is generally acknowledged that some of these disputes could be avoided, and others could be ameliorated, if the acting government would assess beforehand the risk of harm to other nations. The most effective way to do this is through prior consultation with representatives of potentially affected nations. When governments are able to act unilaterally, they have very little incentive to refrain from taking self-interested action in order to consider the adverse interests of other nations. Thus, it is important to determine the circumstances in which international law imposes on them a duty to consult. The author examines these determining circumstances in detail.

Working Effectively with Aboriginal Peoples

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Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Working Effectively with Aboriginal Peoples by : Robert P. C. Joseph

Download or read book Working Effectively with Aboriginal Peoples written by Robert P. C. Joseph and published by . This book was released on 2007 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Behavioral Consultation and Primary Care

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Publisher : Springer Science & Business Media
ISBN 13 : 0387329730
Total Pages : 481 pages
Book Rating : 4.3/5 (873 download)

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Book Synopsis Behavioral Consultation and Primary Care by : Patricia Robinson

Download or read book Behavioral Consultation and Primary Care written by Patricia Robinson and published by Springer Science & Business Media. This book was released on 2007-03-12 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Primary Care Behavioral Health (PCBH) model is emerging as the future of integration between mental health and primary care services. The first book to detail the model, Behavioral Consultation and Primary Care explains in hands-on terms how to achieve truly integrated care. From starting up a new PCBH service to evaluating its outcome, clinicians and medical administrators alike will value in this up-to-the-minute resource.

Aboriginal Law, Fourth Edition

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Publisher : UBC Press
ISBN 13 : 1895830656
Total Pages : 448 pages
Book Rating : 4.8/5 (958 download)

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Book Synopsis Aboriginal Law, Fourth Edition by : Thomas Isaac

Download or read book Aboriginal Law, Fourth Edition written by Thomas Isaac and published by UBC Press. This book was released on 2012-08-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Basic Guide to the National Labor Relations Act

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Publisher : U.S. Government Printing Office
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Basic Guide to the National Labor Relations Act by : United States. National Labor Relations Board. Office of the General Counsel

Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Aboriginal Law

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Publisher : Saskatoon : Purich Pub.
ISBN 13 : 9781895830231
Total Pages : 559 pages
Book Rating : 4.8/5 (32 download)

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Book Synopsis Aboriginal Law by : Thomas Isaac

Download or read book Aboriginal Law written by Thomas Isaac and published by Saskatoon : Purich Pub.. This book was released on 2004-01-01 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intelligence Community Legal Reference Book

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Publisher :
ISBN 13 :
Total Pages : 944 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Intelligence Community Legal Reference Book by :

Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indigenous-Industry Agreements, Natural Resources and the Law

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Publisher : Routledge
ISBN 13 : 0429012853
Total Pages : 339 pages
Book Rating : 4.4/5 (29 download)

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Book Synopsis Indigenous-Industry Agreements, Natural Resources and the Law by : Ibironke T. Odumosu-Ayanu

Download or read book Indigenous-Industry Agreements, Natural Resources and the Law written by Ibironke T. Odumosu-Ayanu and published by Routledge. This book was released on 2020-12-27 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Consulting Employees on Health and Safety

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Publisher :
ISBN 13 : 9780717664627
Total Pages : 0 pages
Book Rating : 4.6/5 (646 download)

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Book Synopsis Consulting Employees on Health and Safety by : GREAT BRITAIN: HEALTH AND SAFETY EXECUTIVE.

Download or read book Consulting Employees on Health and Safety written by GREAT BRITAIN: HEALTH AND SAFETY EXECUTIVE. and published by . This book was released on 2013-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Water Governance: Retheorizing Politics

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Publisher : MDPI
ISBN 13 : 3039215604
Total Pages : 334 pages
Book Rating : 4.0/5 (392 download)

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Book Synopsis Water Governance: Retheorizing Politics by : Nicole J. Wilson

Download or read book Water Governance: Retheorizing Politics written by Nicole J. Wilson and published by MDPI. This book was released on 2019-10-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This republished Special Issue highlights recent and emergent concepts and approaches to water governance that re-centers the political in relation to water-related decision making, use, and management. To do so at once is to focus on diverse ontologies, meanings and values of water, and related contestations regarding its use, or its importance for livelihoods, identity, or place-making. Building on insights from science and technology studies, feminist, and postcolonial approaches, we engage broadly with the ways that water-related decision making is often depoliticized and evacuated of political content or meaning—and to what effect. Key themes that emerged from the contributions include the politics of water infrastructure and insecurity; participatory politics and multi-scalar governance dynamics; politics related to emergent technologies of water (bottled or packaged water, and water desalination); and Indigenous water governance.

CDC Yellow Book 2018: Health Information for International Travel

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Publisher : Oxford University Press
ISBN 13 : 0190628634
Total Pages : 672 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis CDC Yellow Book 2018: Health Information for International Travel by : Centers for Disease Control and Prevention CDC

Download or read book CDC Yellow Book 2018: Health Information for International Travel written by Centers for Disease Control and Prevention CDC and published by Oxford University Press. This book was released on 2017-04-17 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE ESSENTIAL WORK IN TRAVEL MEDICINE -- NOW COMPLETELY UPDATED FOR 2018 As unprecedented numbers of travelers cross international borders each day, the need for up-to-date, practical information about the health challenges posed by travel has never been greater. For both international travelers and the health professionals who care for them, the CDC Yellow Book 2018: Health Information for International Travel is the definitive guide to staying safe and healthy anywhere in the world. The fully revised and updated 2018 edition codifies the U.S. government's most current health guidelines and information for international travelers, including pretravel vaccine recommendations, destination-specific health advice, and easy-to-reference maps, tables, and charts. The 2018 Yellow Book also addresses the needs of specific types of travelers, with dedicated sections on: · Precautions for pregnant travelers, immunocompromised travelers, and travelers with disabilities · Special considerations for newly arrived adoptees, immigrants, and refugees · Practical tips for last-minute or resource-limited travelers · Advice for air crews, humanitarian workers, missionaries, and others who provide care and support overseas Authored by a team of the world's most esteemed travel medicine experts, the Yellow Book is an essential resource for travelers -- and the clinicians overseeing their care -- at home and abroad.

The Palgrave Handbook of Institutional Ethnography

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Publisher : Springer Nature
ISBN 13 : 303054222X
Total Pages : 561 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis The Palgrave Handbook of Institutional Ethnography by : Paul C. Luken

Download or read book The Palgrave Handbook of Institutional Ethnography written by Paul C. Luken and published by Springer Nature. This book was released on 2020-12-15 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to the alternative sociology originating in the work of Dorothy E. Smith, this Handbook not only explores the basic, founding principles of institutional ethnography (IE), but also captures current developments, approaches, and debates. Now widely known as a “sociology for people,” IE offers the tools to uncover the social relations shaping the everyday world in which we live and is utilized by scholars and social activists in sociology and beyond, including such fields as education, nursing, social work, linguistics, health and medical care, environmental studies, and other social-service related fields. Covering the theoretical and methodological underpinnings of IE, recent developments, and current areas of research and application that have yet to appear in the literature, The Palgrave Handbook of Institutional Ethnography is suitable for both experienced practitioners of institutional ethnography and those who are exploring this approach for the first time.