THE CROWN’S FIDUCIARY DUTIES TO ABORIGINAL PEOPLES AS AN ASPECT OF CLIMATE JUSTICE
Rapid climate change in the arctic is threatening the life, health and cultural traditions of the Inuit. Although they are among the least responsible for climate change, they are suffering disproportionately from its negative effects. In particular, the inherent link between Inuit land and culture...
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University of Windsor
2012
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ftdoajarticles:oai:doaj.org/article:aaafb46fd5b34e7d9ec20a7914bfc6ba 2023-10-01T03:53:29+02:00 THE CROWN’S FIDUCIARY DUTIES TO ABORIGINAL PEOPLES AS AN ASPECT OF CLIMATE JUSTICE Erika Chamberlain 2012-10-01T00:00:00Z https://doi.org/10.22329/wyaj.v30i2.4378 https://doaj.org/article/aaafb46fd5b34e7d9ec20a7914bfc6ba EN FR eng fre University of Windsor https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4378 https://doaj.org/toc/2561-5017 doi:10.22329/wyaj.v30i2.4378 2561-5017 https://doaj.org/article/aaafb46fd5b34e7d9ec20a7914bfc6ba The Windsor Yearbook of Access to Justice, Vol 30, Iss 2 (2012) Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 article 2012 ftdoajarticles https://doi.org/10.22329/wyaj.v30i2.4378 2023-09-03T00:41:25Z Rapid climate change in the arctic is threatening the life, health and cultural traditions of the Inuit. Although they are among the least responsible for climate change, they are suffering disproportionately from its negative effects. In particular, the inherent link between Inuit land and culture means that their traditional practices are being threatened along with the arctic environment. However, their efforts to obtain redress from those responsible for greenhouse gas emissions have so far been unsuccessful. Claims in common law public nuisance have been plagued by issues of standing, justiciability and causation, and claims at international law are difficult to prove and enforce. It seems that a different approach may be required. This article examines whether the Crown’s fiduciary obligation toward Canada’s Aboriginal peoples might provide a useful conceptual framework for addressing arctic climate change. Although this obligation is typically applied in situations involving Aboriginal lands or distinctive cultural practices, it can arguably be invoked to protect the traditional subsistence lifestyle of the Inuit. Both the fiduciary obligations and the honour of the Crown require a minimum level of consultation and accommodation where significant Aboriginal interests are threatened. This could translate into an obligation to, at least, assist the Inuit in adapting to the changing arctic environment and preserving cultural practices to the extent possible. Article in Journal/Newspaper Arctic Climate change inuit Directory of Open Access Journals: DOAJ Articles Arctic Windsor Yearbook of Access to Justice 30 2 289 |
institution |
Open Polar |
collection |
Directory of Open Access Journals: DOAJ Articles |
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ftdoajarticles |
language |
English French |
topic |
Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
spellingShingle |
Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 Erika Chamberlain THE CROWN’S FIDUCIARY DUTIES TO ABORIGINAL PEOPLES AS AN ASPECT OF CLIMATE JUSTICE |
topic_facet |
Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
description |
Rapid climate change in the arctic is threatening the life, health and cultural traditions of the Inuit. Although they are among the least responsible for climate change, they are suffering disproportionately from its negative effects. In particular, the inherent link between Inuit land and culture means that their traditional practices are being threatened along with the arctic environment. However, their efforts to obtain redress from those responsible for greenhouse gas emissions have so far been unsuccessful. Claims in common law public nuisance have been plagued by issues of standing, justiciability and causation, and claims at international law are difficult to prove and enforce. It seems that a different approach may be required. This article examines whether the Crown’s fiduciary obligation toward Canada’s Aboriginal peoples might provide a useful conceptual framework for addressing arctic climate change. Although this obligation is typically applied in situations involving Aboriginal lands or distinctive cultural practices, it can arguably be invoked to protect the traditional subsistence lifestyle of the Inuit. Both the fiduciary obligations and the honour of the Crown require a minimum level of consultation and accommodation where significant Aboriginal interests are threatened. This could translate into an obligation to, at least, assist the Inuit in adapting to the changing arctic environment and preserving cultural practices to the extent possible. |
format |
Article in Journal/Newspaper |
author |
Erika Chamberlain |
author_facet |
Erika Chamberlain |
author_sort |
Erika Chamberlain |
title |
THE CROWN’S FIDUCIARY DUTIES TO ABORIGINAL PEOPLES AS AN ASPECT OF CLIMATE JUSTICE |
title_short |
THE CROWN’S FIDUCIARY DUTIES TO ABORIGINAL PEOPLES AS AN ASPECT OF CLIMATE JUSTICE |
title_full |
THE CROWN’S FIDUCIARY DUTIES TO ABORIGINAL PEOPLES AS AN ASPECT OF CLIMATE JUSTICE |
title_fullStr |
THE CROWN’S FIDUCIARY DUTIES TO ABORIGINAL PEOPLES AS AN ASPECT OF CLIMATE JUSTICE |
title_full_unstemmed |
THE CROWN’S FIDUCIARY DUTIES TO ABORIGINAL PEOPLES AS AN ASPECT OF CLIMATE JUSTICE |
title_sort |
crown’s fiduciary duties to aboriginal peoples as an aspect of climate justice |
publisher |
University of Windsor |
publishDate |
2012 |
url |
https://doi.org/10.22329/wyaj.v30i2.4378 https://doaj.org/article/aaafb46fd5b34e7d9ec20a7914bfc6ba |
geographic |
Arctic |
geographic_facet |
Arctic |
genre |
Arctic Climate change inuit |
genre_facet |
Arctic Climate change inuit |
op_source |
The Windsor Yearbook of Access to Justice, Vol 30, Iss 2 (2012) |
op_relation |
https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4378 https://doaj.org/toc/2561-5017 doi:10.22329/wyaj.v30i2.4378 2561-5017 https://doaj.org/article/aaafb46fd5b34e7d9ec20a7914bfc6ba |
op_doi |
https://doi.org/10.22329/wyaj.v30i2.4378 |
container_title |
Windsor Yearbook of Access to Justice |
container_volume |
30 |
container_issue |
2 |
container_start_page |
289 |
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1778520103500906496 |