From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult
The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional competence of the judiciary by excessive litigation of disputes, and instead to attempt to reach negotiated settlements . It has also held that the Crown is under a duty to consult with a First Nation whe...
Main Authors: | , |
---|---|
Format: | Text |
Language: | unknown |
Published: |
Osgoode Digital Commons
2000
|
Subjects: | |
Online Access: | https://digitalcommons.osgoode.yorku.ca/scholarly_works/2131 https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=3130&context=scholarly_works |
id |
ftyorkunivohls:oai:digitalcommons.osgoode.yorku.ca:scholarly_works-3130 |
---|---|
record_format |
openpolar |
spelling |
ftyorkunivohls:oai:digitalcommons.osgoode.yorku.ca:scholarly_works-3130 2023-05-15T16:16:08+02:00 From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult Lawrence, Sonia Macklem, Patrick 2000-01-01T08:00:00Z application/pdf https://digitalcommons.osgoode.yorku.ca/scholarly_works/2131 https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=3130&context=scholarly_works unknown Osgoode Digital Commons https://digitalcommons.osgoode.yorku.ca/scholarly_works/2131 https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=3130&context=scholarly_works Articles & Book Chapters Indigenous Indian and Aboriginal Law Law text 2000 ftyorkunivohls 2022-01-10T15:30:35Z The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional competence of the judiciary by excessive litigation of disputes, and instead to attempt to reach negotiated settlements . It has also held that the Crown is under a duty to consult with a First Nation when it proposes to engage in an action that threatens to interfere with existing Aboriginal or treaty rights recognized and affirmed by s. 35(1) of the Constitution Act, 1982. In this Article, the authors argue that the duty to consult requires the Crown, in most cases, to make good faith efforts to negotiate an agreement specifying the rights of the parties when it seeks to engage in an action that adversely affects Aboriginal interests. Text First Nations York University Toronto, Osgoode Hall Law School: Osgoode Digital Commons Indian |
institution |
Open Polar |
collection |
York University Toronto, Osgoode Hall Law School: Osgoode Digital Commons |
op_collection_id |
ftyorkunivohls |
language |
unknown |
topic |
Indigenous Indian and Aboriginal Law Law |
spellingShingle |
Indigenous Indian and Aboriginal Law Law Lawrence, Sonia Macklem, Patrick From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult |
topic_facet |
Indigenous Indian and Aboriginal Law Law |
description |
The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional competence of the judiciary by excessive litigation of disputes, and instead to attempt to reach negotiated settlements . It has also held that the Crown is under a duty to consult with a First Nation when it proposes to engage in an action that threatens to interfere with existing Aboriginal or treaty rights recognized and affirmed by s. 35(1) of the Constitution Act, 1982. In this Article, the authors argue that the duty to consult requires the Crown, in most cases, to make good faith efforts to negotiate an agreement specifying the rights of the parties when it seeks to engage in an action that adversely affects Aboriginal interests. |
format |
Text |
author |
Lawrence, Sonia Macklem, Patrick |
author_facet |
Lawrence, Sonia Macklem, Patrick |
author_sort |
Lawrence, Sonia |
title |
From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult |
title_short |
From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult |
title_full |
From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult |
title_fullStr |
From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult |
title_full_unstemmed |
From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult |
title_sort |
from consultation to reconciliation: aboriginal rights and the crown’s duty to consult |
publisher |
Osgoode Digital Commons |
publishDate |
2000 |
url |
https://digitalcommons.osgoode.yorku.ca/scholarly_works/2131 https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=3130&context=scholarly_works |
geographic |
Indian |
geographic_facet |
Indian |
genre |
First Nations |
genre_facet |
First Nations |
op_source |
Articles & Book Chapters |
op_relation |
https://digitalcommons.osgoode.yorku.ca/scholarly_works/2131 https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=3130&context=scholarly_works |
_version_ |
1766001986049671168 |