Catalogue

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Aboriginal consultation, environmental assessment, and regulatory review in Canada [electronic resource] /
Kirk N. Lambrecht, Q.C.
imprint
Regina, Saskatchewan, Canada : U of R Press, [2013]
description
xxvii, 177 pages : illustrations ; 23 cm.
ISBN
0889772983, 9780889772984
format(s)
Book
More Details
imprint
Regina, Saskatchewan, Canada : U of R Press, [2013]
isbn
0889772983
9780889772984
restrictions
Licensed for access by U. of T. users.
contents note
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.
general note
Series statement from publisher's web site.
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."--Page four of cover.
catalogue key
10492822
 
Includes bibliographical references (pages 123-163) and index.
A Look Inside
Summaries
Main Description
Supreme Court of Canada decisions have defined a general framework for the ?uty 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. 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. 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.
Table of Contents
Detailed Table of Contentsp. ix
Table of Cases, Statutes, Constitutional Provisions and Tribunal Decisionsp. xv
Acknowledgementsp. xxiii
Prologuep. xxv
Relationships in the Project Development Processp. 1
Defining Aboriginal Rights and Treaty Rightsp. 15
Fundamental Principles of Environmental Assessment and Regulatory Reviewp. 37
Development of the Law of Aboriginal Consultation by the Supreme Court of Canadap. 53
Case Studies Involving Aboriginal Consultation and the National Energy Board of Canadap. 75
Concluding Observationsp. 107
Notesp. 123
Bibliographyp. 159
Map Resourcesp. 163
Indexp. 165
Table of Contents provided by Ingram. All Rights Reserved.

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