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UBC Theses and Dissertations
The Crown’s duty to consult with First Nations Chartier, Mélanie
Abstract
The Crown has fiduciary obligations to First Nations and must act in consequence. One of this consequence is that the Crown has a duty to consult with aboriginal peoples when it infringes aboriginal or treaty right. The thesis deals with the principles related to the Crown's duty to consult with First Nations. I elaborate on principles established by the courts and also on questions that remain unanswered to date. Those questions include when, how and with whom the consultation should be done. I also examine the situation in New Zealand, where the consultation process is a little more advanced than here in Canada and compare the principles elaborated by New Zealand courts with those existing in Canada. From the New Zealand experience, I suggest consultation guidelines to be used in Canada by the Crown and its representatives.
Item Metadata
| Title |
The Crown’s duty to consult with First Nations
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| Creator | |
| Publisher |
University of British Columbia
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| Date Issued |
2001
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| Description |
The Crown has fiduciary obligations to First Nations and must act in
consequence. One of this consequence is that the Crown has a duty to consult with
aboriginal peoples when it infringes aboriginal or treaty right. The thesis deals with the
principles related to the Crown's duty to consult with First Nations. I elaborate on
principles established by the courts and also on questions that remain unanswered to date.
Those questions include when, how and with whom the consultation should be done. I
also examine the situation in New Zealand, where the consultation process is a little more
advanced than here in Canada and compare the principles elaborated by New Zealand
courts with those existing in Canada. From the New Zealand experience, I suggest
consultation guidelines to be used in Canada by the Crown and its representatives.
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| Extent |
5364348 bytes
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| Geographic Location | |
| Genre | |
| Type | |
| File Format |
application/pdf
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| Language |
eng
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| Date Available |
2009-08-06
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| Provider |
Vancouver : University of British Columbia Library
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| Rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
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| DOI |
10.14288/1.0077593
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| URI | |
| Degree | |
| Program | |
| Affiliation | |
| Degree Grantor |
University of British Columbia
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| Graduation Date |
2001-11
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| Campus | |
| Scholarly Level |
Graduate
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| Aggregated Source Repository |
DSpace
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Item Media
Item Citations and Data
Rights
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.