Relationships with Aboriginal People: A Key Component to any Development
 
    
    - Organization:
- Canadian Institute of Mining, Metallurgy and Petroleum
- Pages:
- 23
- File Size:
- 76 KB
- Publication Date:
- May 1, 2010
Abstract
Applying Legal Concepts  - The Crown must consult, and where necessary accommodate, when:  - Crown has knowledge, real or constructive,  of the potential existence of Aboriginal rights or title and contemplates conduct that might adversely  affect it  - Duty to consult is triggered at a low threshold  - How much consultation necessary?  - Proportional to the strength of claim and potential impact   - Spectrum: notice to direct involvement in decision making  - Not duty to agree or to get consent (no veto)  - Reciprocal: Duty requires good faith and sincere engagement on both sides   Role of Proponents: Crown may delegate procedural aspects of its legal duty
Citation
APA: (2010) Relationships with Aboriginal People: A Key Component to any Development
MLA: Relationships with Aboriginal People: A Key Component to any Development. Canadian Institute of Mining, Metallurgy and Petroleum, 2010.
