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