Revisiting the Duty to Consult Aboriginal Peoples

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Description

Author: Newman, Dwight G.

Edition: Revised

Number Of Pages: 192

EAN: 9781895830811

Release Date: 01-03-2014

Languages: English

Item Condition: UsedVeryGood

Binding: Paperback

Details: Product 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. Review “The duty to consult is part of the process for achieving ‘the reconciliation of the pre-existence of aboriginal societies with the sovereignty of the Crown.’” – LeBel, J., Supreme Court of Canada, Behn v. Moulton Contracting Ltd. Since the release of The Duty to Consult in 2009, there have been many important developments on the duty, including three major Supreme Court of Canada decisions. Both the Supreme Court and lower courts have grappled with many questions they had not previously answered, and these very attempts have raised yet new questions. 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 to consult, but often use it only as a starting point for different discussions. At the same time, evolving international legal norms have come to engage with the duty to consult in new ways that may have further impact in the future. Professor Newman clarifies the duty to consult as a constitutional duty, offers some 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. The duty to consult has a fundamental importance for all Canadians, yet misunderstandings of the doctrine remain widespread. This book will help address many of those misunderstandings. Book Description A look at ongoing change in a fundamentally important legal doctrine that affects Aboriginal communities, resource industries, and ultimately all Canadians. About the Author Dwight Newman is Professor of Law and Canada Research Chair in Indigenous Rights in Constitutional and International Law at the University of Saskatchewan, where he also served a three-year term as Associate Dean of Law. He has previously held visiting positions at McGill and at the University of the Witwatersrand in South Africa. He completed his law degree at the University of Saskatchewan, following which he served as a law clerk to Chief Justice Lamer and Justice LeBel at the Supreme Court of Canada. He completed his doctorate at Oxford University, where he studied as a Rhodes Scholar and as a SSHRC Doctoral Fellow. He has written numerous articles on Aboriginal law, constitutional law, and international law. He is co-author of Understanding Property: A Guide to Canada’s Property Law, 2nd ed. and The Law of the Canadian Constitution. He is also the author of Community and Collective Rights: A Theoretical Framework for Rights Held by Groups and Natural Resource Jurisdiction in Canada. Dwight Newman is Associate Professor of Law at the University of Saskatchewan, where he also served as Associate Dean of Law from 2006 to 2009. He is also an Honourary Senior Research Fellow at the University of the Witwatersrand School of Law in South Africa. He completed his law degree at the University of Saskatchewan, following which he served as a law clerk to Chief Justice Lamer and Justice LeBel at the Supreme Court of Canada. He completed his doctorate at Oxford University, where he studied as a Rhodes Scholar and as a SSHRC Doct

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