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Indigenous-Municipal Legal Relationships: Moving Beyond The Duty To Consult And Accommodate, Alexandra Flynn
Indigenous-Municipal Legal Relationships: Moving Beyond The Duty To Consult And Accommodate, Alexandra Flynn
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This paper examines the path forward for Indigenous-municipal relationships in regard to the land use planning process. While the arguments in the paper apply broadly, I focus on the unique legalities of planning approaches in Ontario. The aim is to argue that municipal planning – using the example of the Ontario planning model more specifically – should not frame its responsibilities with First Nations and Indigenous peoples based on the requirements of the duty to consult, which is a problematic singular framework in grounding a nation-to-nation relationship. The duty to consult as the basis of Indigenous-settler relationships has not led …
Rethinking 'Duty': The City Of Toronto, A Stretch Of The Humber River, And Indigenous-Municipal Relationships, Doug Anderson, Alexandra Flynn
Rethinking 'Duty': The City Of Toronto, A Stretch Of The Humber River, And Indigenous-Municipal Relationships, Doug Anderson, Alexandra Flynn
All Faculty Publications
The nation-to-nation relationship between Indigenous peoples and cities remains largely unexplored in the Canadian context. This oversight is especially problematic in light of the significant percentage of Indigenous people who live in urban areas, and the many concerns that Indigenous and non-Indigenous peoples share. These shared concerns include the environment, land use, housing, social services, and much more, and modern municipalities do make attempts to address Indigenous-specific needs in these areas; but Indigenous-municipal relationships have implications that far exceed the technocratic and siloed ways in which Canadian systems generally approach these broad areas of concern - implications not only with …