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Revisiting the Duty to Consult Aboriginal Peoples
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Dwight G. Newman
Language:
English
Published/Copyright:
2019
About this book
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.
Author / Editor information
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.
Topics
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Front Matter
1 -
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Contents
5 -
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Acknowledgements
7 -
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Preface to the Revised Edition
9 -
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Introduction: Doctrine and Theory
15 -
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Legal Parameters of the Duty to Consult
36 -
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The Doctrinal Scope and Content of the Duty to Consult
86 -
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The Law in Action of the Duty to Consult
115 -
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International Law and the Duty to Consult
142 -
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Understanding the Duty to Consult
166 -
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Index
174 -
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Author Information
192
Publishing information
Pages and Images/Illustrations in book
eBook published on:
August 9, 2023
eBook ISBN:
9780774880497
Pages and Images/Illustrations in book
Main content:
192
eBook ISBN:
9780774880497
Audience(s) for this book
For an expert adult audience, including professional development and academic research
