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Osgoode Hall Law School of York University
Aboriginal law, Indigenous law, duty to consult, environmental impact assessment (EIA), Canadian constitutional law
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Process And Reconciliation: Integrating The Duty To Consult With Environmental Assessment, Alastair Neil Craik
Process And Reconciliation: Integrating The Duty To Consult With Environmental Assessment, Alastair Neil Craik
Osgoode Legal Studies Research Paper Series
As the duty to consult Aboriginal peoples becomes operationalized within the frameworks of government decision-making, the agencies responsible for these decisions are increasingly turning to environmental assessment (EA) processes as one of the principal vehicles for carrying out those consultations. This article explores the practical and theoretical dimensions of using EA processes to implement the duties to consult and accommodate. The relationship between EA and the duty to consult has arisen in a number of cases and a clear picture is emerging of the steps that agencies conducting EAs must carry out in order to discharge their constitutional obligations to …