Aboriginal consultation, environmental assessment, and regulatory review in Canada

Type
Book
Authors
ISBN 10
0889772983 
ISBN 13
9780889772984 
LCCN
KE7709.L34 
DDC
342.7108 
Category
Indigenous Law  [ Browse Items ]
Publication Year
2013 
Pages
177 
Abstract
"Supreme Court of Canada decisions have defined a general framework for the "duty to consult" Aboriginal peoples and accommodate their concerns over natural resource development, but anticipate the details of that framework will be expanded upon in the future. Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada offers a paradigm that advances that discussion. It proposes an integrated and robust planning model for natural resource extraction allowing Aboriginal peoples, industry, governments, tribunals, and the Courts to all make contributions to reconciliation in the context of sustainable development and environmental protection. Kirk Lambrecht surveys the law of actual and asserted Aboriginal rights and historical and modern Treaty rights in Canada and discusses the national and international purposes of environmental assessment and regulatory review. He appraises the fundamental principles of Supreme Court of Canada jurisprudence defining aboriginal consultation and accommodation as a constitutional imperative and uses case studies involving the National Energy Board to demonstrate how integrated process has evolved over time. Finally he offers general conclusions on the practical utility, and outstanding challenges, involving an integrated planning paradigm."--Publisher description. 
Description
Contents
Relationships in the project development process -- Defining aboriginal rights and treaty rights -- Fundamental principles of environmental assessment and regulatory review -- Development of the law of aboriginal consultation by the Supreme Court of Canada -- Case studies involving aboriginal consultation and the National Energy Board of Canada -- Concluding observations. 
Biblio Notes
Includes bibliographical references (pages 123-163) and index.  
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