Law Commons^™

Re-Imagining Indigenous Consultation: An Examination Of Canada’S Duty To Consult, Paul Hansen

Electronic Thesis and Dissertation Repository

This examination of Canada’s duty to consult doctrine advances two arguments. First, the doctrine may not be serving the interests of some consultation participants effectively. Second, the existing literature does not address the challenges posed by multi-jurisdictional projects or the Crown’s decreased involvement in consultations adequately. Consequently, our understanding of the doctrine is incomplete and our ability to improve its efficacy may be restricted.

This dissertation explores the doctrine’s principles, strengths, and weaknesses to identify opportunities for improvement. It re-imagines the doctrine, identifying specific ways to improve its efficacy. At bottom, this dissertation considers three questions. First, to what extent …

Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor

Honors Projects

This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining …

Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington

Graduate Student Theses, Dissertations, & Professional Papers

Formal, government-to-government Consultation between sovereign nations is a process of continuous relationship-building, a partnership and an agreement made with all points-of-view included in the process, with results that have the fingerprint of all nations involved evident. The Federal Government is obligated to work with Federally-recognized Tribes as sovereign nations in matters that have or will impact each Nation’s people and places (reservations, treaty-protected areas)—a process legally known as Consultation. The Environmental Protection Agency (EPA), as a federal agency, must uphold the Federal Trust responsibility which includes the act of Consulting with Federally-recognized Tribes on matters involving human health and the …

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

Conceptions Of Sovereignty, Paul Hansen

Master of Studies in Law Research Papers Repository

This paper explores conceptions of sovereignty held by Canada’s Indigenous and Western cultures. It seeks to determine what sovereignty entails and how the Crown- Indigenous relationship is affected by the judgments of Canada’s courts. The study makes no attempt to compare the relative merits of Indigenous and Western sovereignty conceptions. Similarly, it does not examine nor attempt to reconcile sovereignty-related tensions that may exist between the Crown and Indigenous peoples.

The research is framed by a two-part question: (1) What are the defining characteristics of Indigenous and Western conceptions of sovereignty; and (2) what impact do the sovereignty-related judgments of …