In 2017, the Supreme Court of Canada (SCC) decided two duty to consult cases, heard together: Clyde River (Hamlet) v. Petroleum Geo-Services Inc. and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. (“the 2017 cases”). Within the issue of whether the duty to consult had been satisfied, key points of contention focused on who is responsible for discharging the duty to consult Indigenous Peoples, including assessing the adequacy of the consultation. The cases presented the particular situation of a regulatory agency (the National Energy Board or NEB) that had final approval authority, without the involvement of the Crown “proper” (understood as a minister of the Crown or cabinet). In other words, can the duty be satisfied witho...
Environmental assessment within the process of regulatory review is recognized as the preferred mean...
The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional comp...
The Supreme Court of Canada delivered three decisions in 2002 involving the Aboriginal peoples of Ca...
In 2017, the Supreme Court of Canada (SCC) decided two duty to consult cases, heard together: Clyde ...
This thesis aims to address uncertainty within the legal regulatory environment of the duty to consu...
The duty to consult is an Aboriginal right under s. 35 of Canada’s Constitution Act, 1982. Under the...
[From Introduction]: "Over the course of the last thirty years, section 35(1) of the Constitution Ac...
Canada’s legal system has repeatedly ruled that the Crown has a duty to consult with Indigenous Peop...
The federal and provincial governments have a duty to consult Aboriginal people when they propose to...
In its foundational case law, the Supreme Court of Canada linked the duty to consult and accommodate...
On November 18, 2004 the Supreme Court of Canada ( the Court ) released its two landmark decisions o...
The duty to consult and accommodate has increasingly become front and centre in a wide range of reso...
This article considers the limitations in Canada’s duty to consult with Aboriginal peoples as recent...
Can municipalities infringe Aboriginal or treaty rights without consulting the affected Indigenous g...
One aspect of the legal relationship between the Crown and Aboriginal peoples is the duty to consult...
Environmental assessment within the process of regulatory review is recognized as the preferred mean...
The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional comp...
The Supreme Court of Canada delivered three decisions in 2002 involving the Aboriginal peoples of Ca...
In 2017, the Supreme Court of Canada (SCC) decided two duty to consult cases, heard together: Clyde ...
This thesis aims to address uncertainty within the legal regulatory environment of the duty to consu...
The duty to consult is an Aboriginal right under s. 35 of Canada’s Constitution Act, 1982. Under the...
[From Introduction]: "Over the course of the last thirty years, section 35(1) of the Constitution Ac...
Canada’s legal system has repeatedly ruled that the Crown has a duty to consult with Indigenous Peop...
The federal and provincial governments have a duty to consult Aboriginal people when they propose to...
In its foundational case law, the Supreme Court of Canada linked the duty to consult and accommodate...
On November 18, 2004 the Supreme Court of Canada ( the Court ) released its two landmark decisions o...
The duty to consult and accommodate has increasingly become front and centre in a wide range of reso...
This article considers the limitations in Canada’s duty to consult with Aboriginal peoples as recent...
Can municipalities infringe Aboriginal or treaty rights without consulting the affected Indigenous g...
One aspect of the legal relationship between the Crown and Aboriginal peoples is the duty to consult...
Environmental assessment within the process of regulatory review is recognized as the preferred mean...
The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional comp...
The Supreme Court of Canada delivered three decisions in 2002 involving the Aboriginal peoples of Ca...