Relationships with Aboriginal People: A Key Component to any Development

Canadian Institute of Mining, Metallurgy and Petroleum
Kevin O?Callaghan
Organization:
Canadian Institute of Mining, Metallurgy and Petroleum
Pages:
23
File Size:
76 KB
Publication Date:
May 1, 2010

Abstract

Applying Legal Concepts - The Crown must consult, and where necessary accommodate, when: - Crown has knowledge, real or constructive, of the potential existence of Aboriginal rights or title and contemplates conduct that might adversely affect it - Duty to consult is triggered at a low threshold - How much consultation necessary? - Proportional to the strength of claim and potential impact - Spectrum: notice to direct involvement in decision making - Not duty to agree or to get consent (no veto) - Reciprocal: Duty requires good faith and sincere engagement on both sides Role of Proponents: Crown may delegate procedural aspects of its legal duty
Citation

APA: Kevin O?Callaghan  (2010)  Relationships with Aboriginal People: A Key Component to any Development

MLA: Kevin O?Callaghan Relationships with Aboriginal People: A Key Component to any Development. Canadian Institute of Mining, Metallurgy and Petroleum, 2010.

Export
Purchase this Article for $25.00

Create a Guest account to purchase this file
- or -
Log in to your existing Guest account