Resource Developments on Traditional Lands: The Duty to Consult

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dc.contributor.authorSharvit, Cheryl
dc.contributor.authorRobinson, Michael
dc.contributor.authorRoss, Monique M.
dc.date.accessioned2009-05-05T22:43:23Z
dc.date.available2009-05-05T22:43:23Z
dc.date.issued1999
dc.description.abstractRecent Canadian court decisions have scrutinized the way in which governments, when their actions or decisions may infringe on Aboriginal or treaty rights, consult with potentially affected Aboriginal people. Consultation is a key consideration in the justification analysis developed by the Supreme Court of Canada in the Sparrow decision to determine whether government is justified in infringing those rights. This paper contrasts the type of consultation that often prevails in practice with the duty to consult emerging from the case law.
dc.description.refereedNo
dc.description.sponsorshipThe research for this paper was funded by the Sustainable Forest Management Network of Centres of Excellence as part of a multiyear national research project.
dc.identifier.citationCheryl Sharvit, Michael Robinson & Monique M. Ross. Resource Developments on Traditional Lands: The Duty to Consult, Occasional Paper No. 6 (Calgary: Canadian Institute of Resources Law, 1999)
dc.identifier.doihttp://dx.doi.org/10.11575/PRISM/34311
dc.identifier.urihttp://hdl.handle.net/1880/47205
dc.language.isoeng
dc.publisherCanadian Institute of Resources Laweng
dc.publisher.corporateUniversity of Calgary
dc.publisher.facultyLaw
dc.publisher.urlhttp://www.cirl.caeng
dc.titleResource Developments on Traditional Lands: The Duty to Consulteng
dc.typeworking papereng
thesis.degree.disciplineCanadian Institute of Resources Laweng

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The University of Calgary, located in the heart of Southern Alberta, both acknowledges and pays tribute to the traditional territories of the peoples of Treaty 7, which include the Blackfoot Confederacy (comprised of the Siksika, the Piikani, and the Kainai First Nations), the Tsuut’ina First Nation, and the Stoney Nakoda (including Chiniki, Bearspaw, and Goodstoney First Nations). The City of Calgary is also home to the Métis Nation of Alberta (Districts 5 and 6).

The University of Calgary is situated on land Northwest of where the Bow River meets the Elbow River, a site traditionally known as Moh’kins’tsis to the Blackfoot, Wîchîspa to the Stoney Nakoda, and Guts’ists’i to the Tsuut’ina. On this land and in this place we strive to learn together, walk together, and grow together “in a good way.”