Western Canadian Approaches to Aboriginal Consultation: A Comparative Analysis
Supreme Court cases Haida, Taku River, and Mikisew Cree established the duty to consult’s modern form. In these cases, the Supreme Court ruled that the crown has, “a duty to consult and, where appropriate, accommodate when the crown contemplates conduct that might adversely impact potential or estab...
Main Author: | |
---|---|
Other Authors: | |
Format: | Report |
Language: | English |
Published: |
The School of Public Policy
2015
|
Subjects: | |
Online Access: | http://hdl.handle.net/1880/51655 https://doi.org/10.11575/PRISM/30072 |
id |
ftunivcalgary:oai:prism.ucalgary.ca:1880/51655 |
---|---|
record_format |
openpolar |
spelling |
ftunivcalgary:oai:prism.ucalgary.ca:1880/51655 2023-08-27T04:09:28+02:00 Western Canadian Approaches to Aboriginal Consultation: A Comparative Analysis Anderson, Adam Mansell, Robert 2015-09 application/pdf http://hdl.handle.net/1880/51655 https://doi.org/10.11575/PRISM/30072 English en eng The School of Public Policy Faculty of Graduate Studies University of Calgary Anderson, Adam. (2015). Western Canadian Approaches to Aboriginal Consultation: A Comparative Analysis ( Unpublished master's thesis). University of Calgary, Calgary, AB. http://dx.doi.org/10.11575/PRISM/30072 http://hdl.handle.net/1880/51655 report 2015 ftunivcalgary https://doi.org/10.11575/PRISM/30072 2023-08-06T06:27:12Z Supreme Court cases Haida, Taku River, and Mikisew Cree established the duty to consult’s modern form. In these cases, the Supreme Court ruled that the crown has, “a duty to consult and, where appropriate, accommodate when the crown contemplates conduct that might adversely impact potential or established Aboriginal or Treaty rights.”2 Reacting to the Supreme Court’s rulings, each jurisdiction in Canada has created their own approach to consultation. All of these provincial approaches to consultation have similar fundamental qualities and phases such as: preengagement and assessment, engagement and consultation, accommodation if required, and a decision on adequacy. While there are similarities in each provinces’ approach to consultation, there are significant differences. There are major differences in aspects of consultation in categories such as timeliness, flexibility, transparency, capacity funding, and others. Ranking provincial consultation policies, according to these criteria, has allowed for particular conclusions to be developed. The cumulative rankings have shown that while Alberta’s policy might be considered the ‘best’ policy from an industry perspective, British Columbia has the ‘best’ policy from the perspective of First Nations. These rankings are not meant to be scientific, but rather to provide insight into the intricate and sometimes overlooked unique aspects of each provinces’ approach to consultation. In Aboriginal consultation, there is no silver-bullet answer on how to approach consultation. There are five policy suggestions for further research that might allow for Alberta to improve its consultation for all parties involved: 1) Establishing consultation at the stage of issuance of leasing and licencing of crown mineral leases, 2) Establishing an oversight tribunal for effective dispute resolution outside of the court system, 3) The improved inclusion of cumulative effects planning, in particular, cumulative effects of projects, 4) Establishing regional Aboriginal consultation offices to ... Report First Nations PRISM - University of Calgary Digital Repository Canada British Columbia ENVELOPE(-125.003,-125.003,54.000,54.000) Taku ENVELOPE(-133.854,-133.854,59.633,59.633) Taku River ENVELOPE(-133.654,-133.654,58.583,58.583) |
institution |
Open Polar |
collection |
PRISM - University of Calgary Digital Repository |
op_collection_id |
ftunivcalgary |
language |
English |
description |
Supreme Court cases Haida, Taku River, and Mikisew Cree established the duty to consult’s modern form. In these cases, the Supreme Court ruled that the crown has, “a duty to consult and, where appropriate, accommodate when the crown contemplates conduct that might adversely impact potential or established Aboriginal or Treaty rights.”2 Reacting to the Supreme Court’s rulings, each jurisdiction in Canada has created their own approach to consultation. All of these provincial approaches to consultation have similar fundamental qualities and phases such as: preengagement and assessment, engagement and consultation, accommodation if required, and a decision on adequacy. While there are similarities in each provinces’ approach to consultation, there are significant differences. There are major differences in aspects of consultation in categories such as timeliness, flexibility, transparency, capacity funding, and others. Ranking provincial consultation policies, according to these criteria, has allowed for particular conclusions to be developed. The cumulative rankings have shown that while Alberta’s policy might be considered the ‘best’ policy from an industry perspective, British Columbia has the ‘best’ policy from the perspective of First Nations. These rankings are not meant to be scientific, but rather to provide insight into the intricate and sometimes overlooked unique aspects of each provinces’ approach to consultation. In Aboriginal consultation, there is no silver-bullet answer on how to approach consultation. There are five policy suggestions for further research that might allow for Alberta to improve its consultation for all parties involved: 1) Establishing consultation at the stage of issuance of leasing and licencing of crown mineral leases, 2) Establishing an oversight tribunal for effective dispute resolution outside of the court system, 3) The improved inclusion of cumulative effects planning, in particular, cumulative effects of projects, 4) Establishing regional Aboriginal consultation offices to ... |
author2 |
Mansell, Robert |
format |
Report |
author |
Anderson, Adam |
spellingShingle |
Anderson, Adam Western Canadian Approaches to Aboriginal Consultation: A Comparative Analysis |
author_facet |
Anderson, Adam |
author_sort |
Anderson, Adam |
title |
Western Canadian Approaches to Aboriginal Consultation: A Comparative Analysis |
title_short |
Western Canadian Approaches to Aboriginal Consultation: A Comparative Analysis |
title_full |
Western Canadian Approaches to Aboriginal Consultation: A Comparative Analysis |
title_fullStr |
Western Canadian Approaches to Aboriginal Consultation: A Comparative Analysis |
title_full_unstemmed |
Western Canadian Approaches to Aboriginal Consultation: A Comparative Analysis |
title_sort |
western canadian approaches to aboriginal consultation: a comparative analysis |
publisher |
The School of Public Policy |
publishDate |
2015 |
url |
http://hdl.handle.net/1880/51655 https://doi.org/10.11575/PRISM/30072 |
long_lat |
ENVELOPE(-125.003,-125.003,54.000,54.000) ENVELOPE(-133.854,-133.854,59.633,59.633) ENVELOPE(-133.654,-133.654,58.583,58.583) |
geographic |
Canada British Columbia Taku Taku River |
geographic_facet |
Canada British Columbia Taku Taku River |
genre |
First Nations |
genre_facet |
First Nations |
op_relation |
Anderson, Adam. (2015). Western Canadian Approaches to Aboriginal Consultation: A Comparative Analysis ( Unpublished master's thesis). University of Calgary, Calgary, AB. http://dx.doi.org/10.11575/PRISM/30072 http://hdl.handle.net/1880/51655 |
op_doi |
https://doi.org/10.11575/PRISM/30072 |
_version_ |
1775350882852929536 |