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Legal and Regulatory

An Overview and Assessment of Key Constitutional Issues Relevant to the Canadian Northern Corridor Legal and Regulatory

An Overview and Assessment of Key Constitutional Issues Relevant to the Canadian Northern Corridor

Dwight Newman

The School of Public Policy Publications
Volume 15 • Issue 9 • March 2022

 

This report considers, at a high level, some of the key constitutional considerations associated with the development of the Northern Corridor. It considers both the ways in which the Canadian Constitution may facilitate such a development and ways in which it may offer barriers to such a project.

 

Key Messages (English)

Summary (English) 

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Résumé (Français)

 

Cross-Canada Infrastructure Corridor, The Rights of Indigenous Peoples and 'Meaningful Consultation' Legal and Regulatory

Cross-Canada Infrastructure Corridor, The Rights of Indigenous Peoples and 'Meaningful Consultation'

David Wright

The School of Public Policy Publications
Volume 13 • Issue 24 • October 2020

While the law is increasingly clear with respect to Crown consultation and accommodation obligations, the context-dependent nature of the legal framework presents significant challenges for pursuit of the corridor project, given its linear and relatively abstract natures. Further, this area of the law is evolving, particularly as governments move toward implementing UNDRIP. This article succinctly presents the diverse contexts of Indigenous rights and interests present in Canada today, provides clarity with respect to the concept of “meaningful consultation” in contemporary Canadian jurisprudence, and relates this body of law to the corridor concept. Critiques, complexities and points for further research are noted throughout, including with respect to future legal developments.

Key Messages (English)

Summary (English)

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Résumé (Français)

 

Understanding Consultation and Engagement with Indigenous Peoples in Resource Development Legal and Regulatory

Understanding Consultation and Engagement with Indigenous Peoples in Resource Development

Brendan Boyd and Sophie Lorefice

The School of Public Policy Publications
Volume 12 • Issue 22 • August 2019

This is a summary of the broader study published externally. A review of documents related to resource development and the duty to consult demonstrates the different worldviews of three groups of Indigenous Peoples, industry, and government each has on these subjects. The review attempts to explain differences in these perspectives in an effort to inform consultation and public policy moving forward.

Summary (English)

Résumé (Français)

 

Understanding consultation and engagement of Indigenous Peoples in resource development: A policy framing approach Legal and Regulatory

Understanding consultation and engagement of Indigenous Peoples in resource development: A policy framing approach

Brendan Boyd and Sophie Lorefice

Canadian Public Administration
Volume 61 • Issue 4 • December 2018

Understanding the conflict over consultation emerges because actors frame the issues differently is an important first step in improving consultation and engagement with Indigenous groups in resource development decisions. This paper discusses the use of a policy framing approach to provide insight into why disputes may occur surrounding resource development projects and Indigenous Peoples. The authors present different frames likely to be present in resource development and consultation and compare these using publicly available documents produced by Indigenous groups and communities, governments and industry.