ABSTRACT The purpose of this thesis is to assess the Crown’s Constitutional duty of consultation and its application on the holders of Treaty rights. Indigenous legal and Constitutional orders are the underpinning of the consensual Treaties. They were negotiated by sovereign nations through mutual consent and established a distinct Constitutional authority establishing rights, responsibilities and rules of coexistence. Their implementation is a Crown Constitutional obligation. This thesis argues that the duty to consult jurisprudence reveals systemic colonial problems in the common law Treaty rights paradigm by colonial interpretation, unilateral abridgement and justified infringement of the consensual Treaty. Further, judicial and politic...
In Mikisew Cree II, a large majority of the Supreme Court of Canada took the view that the Constitut...
This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century gover...
This chapter explores how the Canadian state attempts to displace the wealth of Indigenous legal rel...
ABSTRACT The purpose of this thesis is to assess the Crown’s Constitutional duty of consultation an...
grantor: University of TorontoThis dissertation constructs an alternative framework for t...
In Canada, the duty to consult doctrine has been articulated as a legal remedy to address the potent...
The Crown has fiduciary obligations to First Nations and must act in consequence. One of this conse...
In its recent decisions in Tsilhqot’in Nation and Grassy Narrows, the Supreme Court of Canada has si...
The members of Mikisew Cree First Nation are descended from signatories of Treaty 8. Their tr...
Abstract: Aboriginal rights as inherent rights deriving from Aboriginal peoples ’ historical occupat...
This paper proposes a basic framework for understanding the decisions of the Supreme Court of Canada...
This thesis examines the discourse surrounding the debate over whether the Canadian Charter of Right...
This thesis argues that the Ned'u'ten, an indigenous people, have the right to decolonize and self-...
In this dissertation I examine whether the First Ministers' Coferences (FMCs) and political accords ...
This dissertation proposes re-asserting Indigenous legal authority over immigration in the face of s...
In Mikisew Cree II, a large majority of the Supreme Court of Canada took the view that the Constitut...
This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century gover...
This chapter explores how the Canadian state attempts to displace the wealth of Indigenous legal rel...
ABSTRACT The purpose of this thesis is to assess the Crown’s Constitutional duty of consultation an...
grantor: University of TorontoThis dissertation constructs an alternative framework for t...
In Canada, the duty to consult doctrine has been articulated as a legal remedy to address the potent...
The Crown has fiduciary obligations to First Nations and must act in consequence. One of this conse...
In its recent decisions in Tsilhqot’in Nation and Grassy Narrows, the Supreme Court of Canada has si...
The members of Mikisew Cree First Nation are descended from signatories of Treaty 8. Their tr...
Abstract: Aboriginal rights as inherent rights deriving from Aboriginal peoples ’ historical occupat...
This paper proposes a basic framework for understanding the decisions of the Supreme Court of Canada...
This thesis examines the discourse surrounding the debate over whether the Canadian Charter of Right...
This thesis argues that the Ned'u'ten, an indigenous people, have the right to decolonize and self-...
In this dissertation I examine whether the First Ministers' Coferences (FMCs) and political accords ...
This dissertation proposes re-asserting Indigenous legal authority over immigration in the face of s...
In Mikisew Cree II, a large majority of the Supreme Court of Canada took the view that the Constitut...
This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century gover...
This chapter explores how the Canadian state attempts to displace the wealth of Indigenous legal rel...