Treaty federalism: building a foundation for duty to consult in Saskatchewan
In Canada, the duty to consult doctrine has been articulated as a legal remedy to address the potential infringement of Aboriginal and treaty rights by the Crown. The political dimension and implications of this legal duty on the evolving federal relationship between First Nations and the provincial...
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ftusaskatchewan:oai:harvest.usask.ca:10388/etd-04152010-102701 2023-05-15T16:14:46+02:00 Treaty federalism: building a foundation for duty to consult in Saskatchewan Walker, Katherine A. Poelzer, Greg Peters, Evelyn McGrane, David Garcea, Joe April 2010 http://hdl.handle.net/10388/etd-04152010-102701 en_US eng University of Saskatchewan http://hdl.handle.net/10388/etd-04152010-102701 TC-SSU-04152010102701 Saskatchewan duty to accommodate treaty consultation treaty federalism treaties duty to consult Aboriginal governance Aboriginal rights Aboriginal First Nations lands and resources text Thesis 2010 ftusaskatchewan 2022-01-17T11:53:36Z In Canada, the duty to consult doctrine has been articulated as a legal remedy to address the potential infringement of Aboriginal and treaty rights by the Crown. The political dimension and implications of this legal duty on the evolving federal relationship between First Nations and the provincial Crown concerning lands and resources have yet to be fully explored. This research presents the argument that the duty to consult jurisprudence and the ‘new relationship’ policy in British Columbia are moving towards the articulation of a treaty federalism relationship between the Crown and First Nations. The implications of these findings are then analyzed within the Saskatchewan policy environment, and a potential consultation framework is offered for this province. Crucial linkages between duty to consult jurisprudence and Aboriginal governance, and their implications for policy are highlighted, which contribute to further understanding the complex relationship between First Nations and the Crown in Canada on land and resources. Thesis First Nations University of Saskatchewan: eCommons@USASK British Columbia ENVELOPE(-125.003,-125.003,54.000,54.000) Canada |
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Open Polar |
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University of Saskatchewan: eCommons@USASK |
op_collection_id |
ftusaskatchewan |
language |
English |
topic |
Saskatchewan duty to accommodate treaty consultation treaty federalism treaties duty to consult Aboriginal governance Aboriginal rights Aboriginal First Nations lands and resources |
spellingShingle |
Saskatchewan duty to accommodate treaty consultation treaty federalism treaties duty to consult Aboriginal governance Aboriginal rights Aboriginal First Nations lands and resources Walker, Katherine A. Treaty federalism: building a foundation for duty to consult in Saskatchewan |
topic_facet |
Saskatchewan duty to accommodate treaty consultation treaty federalism treaties duty to consult Aboriginal governance Aboriginal rights Aboriginal First Nations lands and resources |
description |
In Canada, the duty to consult doctrine has been articulated as a legal remedy to address the potential infringement of Aboriginal and treaty rights by the Crown. The political dimension and implications of this legal duty on the evolving federal relationship between First Nations and the provincial Crown concerning lands and resources have yet to be fully explored. This research presents the argument that the duty to consult jurisprudence and the ‘new relationship’ policy in British Columbia are moving towards the articulation of a treaty federalism relationship between the Crown and First Nations. The implications of these findings are then analyzed within the Saskatchewan policy environment, and a potential consultation framework is offered for this province. Crucial linkages between duty to consult jurisprudence and Aboriginal governance, and their implications for policy are highlighted, which contribute to further understanding the complex relationship between First Nations and the Crown in Canada on land and resources. |
author2 |
Poelzer, Greg Peters, Evelyn McGrane, David Garcea, Joe |
format |
Thesis |
author |
Walker, Katherine A. |
author_facet |
Walker, Katherine A. |
author_sort |
Walker, Katherine A. |
title |
Treaty federalism: building a foundation for duty to consult in Saskatchewan |
title_short |
Treaty federalism: building a foundation for duty to consult in Saskatchewan |
title_full |
Treaty federalism: building a foundation for duty to consult in Saskatchewan |
title_fullStr |
Treaty federalism: building a foundation for duty to consult in Saskatchewan |
title_full_unstemmed |
Treaty federalism: building a foundation for duty to consult in Saskatchewan |
title_sort |
treaty federalism: building a foundation for duty to consult in saskatchewan |
publisher |
University of Saskatchewan |
publishDate |
2010 |
url |
http://hdl.handle.net/10388/etd-04152010-102701 |
long_lat |
ENVELOPE(-125.003,-125.003,54.000,54.000) |
geographic |
British Columbia Canada |
geographic_facet |
British Columbia Canada |
genre |
First Nations |
genre_facet |
First Nations |
op_relation |
http://hdl.handle.net/10388/etd-04152010-102701 TC-SSU-04152010102701 |
_version_ |
1766000524406030336 |