Aboriginal Law Conference-2010
Product Type:
Course Materials - Print
ISBN:
978-1-55258-696-9
Pages:
143
Price:
$150.00
This book is essential for: all Aboriginal law lawyers in private practice, industry, and government; others who focus on Aboriginal law issues will also benefit, including First Nations and industry leaders, employees of First Nations or First Nations organizations, and law students.
Current to: June 2010
These Aboriginal Law Conference course materials bring together papers from leading counsel in the field of Aboriginal law and representatives from First Nations, industry, and both levels of government. Our expert faculty provides a section on alternatives to treaty making: a discussion of the newly developed Haida Reconciliation Protocol, its contents and objectives, how this approach addresses the accommodation of title and rights, and how it impacts statutory decision makers and the referral process. The book also addresses the reconciliation of Aboriginal rights with a focus on the commercial mainstream, Aboriginal commercial fishing rights, and the aftermath of the Ahousaht, Gladstone, and Marshall cases. The book concludes with a discussion of the latest developments in the case law regarding consultation and accommodation, including a discussion on the pragmatic application of the latest cases. A great resource for any Aboriginal law practitioner.
CONTENTS
- interim reconciliation through consultation: is there duty to consult?, what is the scope and content of the duty?, is it necessary to seek a workable accommodation?, what is reasonable accommodation?, make the decision
- broadening approaches to treaty—finding an interest-based model for reconciliation beyond the boundaries of treaty settlement lands: the quandary of Aboriginal title in Canadian law, UN declaration on the rights of indigenous peoples
- reconciliation through litigation—aboriginal commercial fishing rights in Ahousaht v. Canada: negotiation and litigation, background to Ahousaht, the claim and decision; Lax Kw’alaams Indian Band v. Canada
- implementing reconciliation—the Gladstone case: post-judgment implementation of Aboriginal commercial fishing rights
- implementing reconciliation—the Marshall case: providing access to commercial fishing opportunities since Marshall, providing capacity since Marshall, the “DIAND Process”, Canada (Attorney General) v. Arsenault
- case law update: summary of some important consultation and accommodation cases over the past year.
| Role | Name |
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Course Materials Author
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The Honourable Mr. Justice F. Matthew Kirchner
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Course Materials Author
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James M. Mackenzie
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Course Materials Author
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Brett C. Marleau
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Course Materials Coordinator
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Brian A. McLaughlin
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Course Materials Coordinator
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The Honourable Justice Maria Morellato
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Course Materials Author
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Geoff Moyse, KC
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Course Materials Author
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Charles F. Willms
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