Aboriginal Consultation in Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements
Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light o...
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ftdalhouseunissl:oai:digitalcommons.schulichlaw.dal.ca:dlj-2080 2023-05-15T17:09:41+02:00 Aboriginal Consultation in Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements Beck, Andrea 2016-10-01T07:00:00Z application/pdf https://digitalcommons.schulichlaw.dal.ca/dlj/vol39/iss2/9 https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=2080&context=dlj unknown Schulich Law Scholars https://digitalcommons.schulichlaw.dal.ca/dlj/vol39/iss2/9 https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=2080&context=dlj Dalhousie Law Journal aboriginal water rights Canada Alberta Northwest Territories Makenzie River Basin negotiation Indigenous Indian and Aboriginal Law Water Law text 2016 ftdalhouseunissl 2023-02-08T06:24:44Z Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light of Canada's record, observers have praised the preceding negotiation process as pathbreaking due to its high level of Aboriginal involvement. To evaluate such claims, this paper analyzes Aboriginal consultations in the 2011-2015 NWT-Alberta transboundary water negotiation. The comparative case study reaches the following conclusions. In their bilateral water negotiation, the two jurisdictions differed markedly in terns of consultative approaches. While Alberta was oriented towards legal minimum requirements under Canadian constitutional law. the NWT implemented extensive consultations characterized by early involvement, multifaceted engagement mechanisms, emphasis on dialogue and collaboration, capacity building, and recognition ofAboriginal groups as governments. Although shortcomings remained in terms of directAboriginal access and accommodation, the NWT achieved a high standard of consultation, which aligns with emerging thinking on the international principle of free, prior; and informed consent (FPIC). Overall, the NWT experience holds important implications for moving FPIC from an international norm to a domestic template for action in Canada. Text Mackenzie river Northwest Territories Schulich Scholars (Schulich School of Law, Dalhousie University) Canada Indian Mackenzie River Northwest Territories |
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Schulich Scholars (Schulich School of Law, Dalhousie University) |
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aboriginal water rights Canada Alberta Northwest Territories Makenzie River Basin negotiation Indigenous Indian and Aboriginal Law Water Law |
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aboriginal water rights Canada Alberta Northwest Territories Makenzie River Basin negotiation Indigenous Indian and Aboriginal Law Water Law Beck, Andrea Aboriginal Consultation in Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements |
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aboriginal water rights Canada Alberta Northwest Territories Makenzie River Basin negotiation Indigenous Indian and Aboriginal Law Water Law |
description |
Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light of Canada's record, observers have praised the preceding negotiation process as pathbreaking due to its high level of Aboriginal involvement. To evaluate such claims, this paper analyzes Aboriginal consultations in the 2011-2015 NWT-Alberta transboundary water negotiation. The comparative case study reaches the following conclusions. In their bilateral water negotiation, the two jurisdictions differed markedly in terns of consultative approaches. While Alberta was oriented towards legal minimum requirements under Canadian constitutional law. the NWT implemented extensive consultations characterized by early involvement, multifaceted engagement mechanisms, emphasis on dialogue and collaboration, capacity building, and recognition ofAboriginal groups as governments. Although shortcomings remained in terms of directAboriginal access and accommodation, the NWT achieved a high standard of consultation, which aligns with emerging thinking on the international principle of free, prior; and informed consent (FPIC). Overall, the NWT experience holds important implications for moving FPIC from an international norm to a domestic template for action in Canada. |
format |
Text |
author |
Beck, Andrea |
author_facet |
Beck, Andrea |
author_sort |
Beck, Andrea |
title |
Aboriginal Consultation in Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements |
title_short |
Aboriginal Consultation in Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements |
title_full |
Aboriginal Consultation in Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements |
title_fullStr |
Aboriginal Consultation in Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements |
title_full_unstemmed |
Aboriginal Consultation in Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements |
title_sort |
aboriginal consultation in canadian water negotiations:the mackenzie bilateral water management agreements |
publisher |
Schulich Law Scholars |
publishDate |
2016 |
url |
https://digitalcommons.schulichlaw.dal.ca/dlj/vol39/iss2/9 https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=2080&context=dlj |
geographic |
Canada Indian Mackenzie River Northwest Territories |
geographic_facet |
Canada Indian Mackenzie River Northwest Territories |
genre |
Mackenzie river Northwest Territories |
genre_facet |
Mackenzie river Northwest Territories |
op_source |
Dalhousie Law Journal |
op_relation |
https://digitalcommons.schulichlaw.dal.ca/dlj/vol39/iss2/9 https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=2080&context=dlj |
_version_ |
1766065833137668096 |