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Crown consultation policies and practices across Canada

15 Jun 2009

She is a civil litigator and negotiator In addition, she was voted by peers as one of the and has acted as legal counsel before all levels of the leading lawyers in Canada in the 2006 inaugural court system, including the Supreme Court of Canada edition of The Best Lawyers in Canada, as well as each and the Federal Court. [...] In The limited scope of the policies issued by Alberta, light of jurisprudence which provides that Aboriginal Manitoba, Quebec and Saskatchewan (i.e., the preclusion rights cannot be extinguished by the Province and of consultation and accommodation discussions on can not be extinguished by Parliament except by clear the issue of Aboriginal title and subsurface mineral and plain legislative intent [...] The case law patently illustrates that our courts have held the Crown responsible and accountable to Aboriginal peoples in a wide variety of circumstances, Allocating Land and Resources in a Manner including those where the Crown has exercised that Recognizes and Reflects Aboriginal discretionary power in the management and adminis- and Treaty Rights tration of treaty lands as well as lands and re [...] Marshall20, Gladstone21 and Delgamuukw of consultation and accommodation policies across also require the application of the principle of priority Canada recognize the need for joint decision making to commercial Aboriginal rights, including what processes between First Nations and the Crown the Court refers to as the “economic component” of (rather than unilateral Crown decisions), these policies [...] Honour of the Crown More specifically, with respect to the Crown’s The duty to act honourably towards Aboriginal people responsibility in relation to the accommodation of also informs the manner in which Crown officials must Aboriginal title, the Court has suggested that its interpret and apply legislation and treaties.
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Authors

Morellato, Maria

Pages
14
Published in
Canada

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