Title

The Crown’s duty to consult with First Nations

Publisher

University of British Columbia

Date Issued

2009

Document Type

Thesis

Degree

Master of Laws - LLM

Program

Law

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.

Subject(s)

First Nations--Canada--Government relations; First Nations--Legal status, laws, etc.--Canada.; Indigenous peoples--Canada--Government relations; Maori (New Zealand people)--Government

Geographic Location

Canada; New Zealand

Date Available

2009-08-06

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.

DOI

10.14288/1.0077593

Affiliation

Law, Peter A. Allard School of

ID

1.0077593

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