Aboriginal Law Conference-2008
Product Type:
Course Materials - Print
ISBN:
978-1-55258-581-8
Pages:
241
Price:
$80.00
This book is essential for: all solicitors and litigators in private practice and government; others whose focus is on aboriginal law issues will also benefit, including First Nations leaders, employees of First Nations or First Nations organizations, in-house counsel, law students, and those involved in corporate, commercial and real estate, and British Columbia regulators.
Current to: June 2008 (REDUCED FROM $160.00)
Written by First Nations and government representatives and leading counsel in the field of aboriginal law, this year’s conference materials focus on the reconciliation process and what constitutes effective consultation and accommodation in practice. Examine the Musqueam Reconciliation Agreement, the reconciliation pre-treaty, the passage of the ensuing Act, and the constitutional challenge to the Agreement. Explore the role The United Nations Declaration on the Rights of Indigenous Peoples plays on reconciliation and in Canadian courts and the current challenges and potential solutions of the treaty process. Learn about land use planning in the context of the Lil’wat Nation’s plan, rights recognition and the structure and key provisions of Impact Benefit Agreements. To complete the package, the book includes the text of the interim Federal Guidelines for aboriginal consultation and accommodation. These information packed materials give you a legal and pragmatic update on the latest developments in aboriginal law and the effects on First Nations, government, and industry. Add this book to your aboriginal law resources.
CONTENTS
- reconciliation pre-treaty—the Musqueam Reconciliation Agreement: history of the relationship between the Musqueam and the Crown; main terms of the Musqueam reconciliation, settlement, and benefits; passage of the Musqueam Reconciliation Agreement Act; the Agreement and the treaty process; constitutional challenge
- UN Declaration on the Rights of Indigenous Peoples—achieving reconciliation and effective application in the Canadian context: use of international human rights norms in the Canadian context; importance of adopting a human rights-based approach; significance of the UN Declaration in achieving reconciliation; Canadian government actions to oppose adoption of the Declaration; government arguments against implementing the Declaration in Canada; legal status of UN Declaration and application by Canadian courts
- treaty process—current challenges and potential solutions: why Canada negotiates treaties in BC, establishment of the BC treaty process, the process, modern treaties, recent developments, evolving legal landscape with case law, differing views among the parties; uncertainty in domestic and international law as possible impediments to treaty negotiations in BC; includes list of recommendations of the BC Claims Task Force
- economic development and rights recognition—negotiating impact and benefit agreements: structure and key provisions of IBAs; current challenges; includes copy of The NovaGold-Tahltan Participation Agreement; challenges and results for implementing a First Nation land use plan in the context of the Lil’wat Nation Land Use Plan, including steps the Nation is taking to implement its plan
- text of interim Federal Guidelines for aboriginal consultation and accommodation
Role | Name |
Course Materials Author
|
Robert B. Morales
|
Course Materials Author
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James Reynolds
|
Course Materials Author
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Anita F. Boscariol
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Course Materials Author
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Fred Caron
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Course Materials Author
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Caroline K.H. Findlay
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Course Materials Author
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Jennifer Griffith
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Course Materials Coordinator
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Debra Maxmawidzamga... Hanuse
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Course Materials Author
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Paul Joffe
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Course Materials Coordinator
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The Honourable Madam Justice Maria Morellato
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Course Materials Author
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Geoff Moyse, KC
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