The Duty to Consult: New Relationships with Aboriginal Peoples Contributor(s): Newman, Dwight G. (Author) |
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ISBN: 1895830370 ISBN-13: 9781895830378 Publisher: Purich Pub. OUR PRICE: $32.67 Product Type: Paperback Published: October 2009 |
Additional Information |
BISAC Categories: - Law | Constitutional - Law | Indigenous Peoples - Political Science | Public Policy - Social Policy |
Dewey: 342.710 |
LCCN: 2010398566 |
Series: Purich's Aboriginal Issues |
Physical Information: 128 pages |
Descriptions, Reviews, Etc. |
Publisher Description: 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 Metis 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. |