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Mining and Aboriginal rights in Yukon

22 Sep 2015

Indeed, as one of us has pointed out, uncertainty as to the aims of the duty to consult may contribute to the ambiguity in the present state of the law.56 53. F. [...] The appeal dealt with a finding by the case-management judge that, in addition to the Government of Canada’s obligations under the terms of the Agreement, Canada also owed gen- eral fiduciary, or trust-like, duties to the Inuit in the carrying out of its obligations under the Agreement. [...] The standards are framed in general terms, with many different factors that could turn out to be relevant in a given case, including the “strength” of the Aboriginal claim, the timelines for consultation, the types of consultation engaged in, the quality of the consultation efforts, and the degree, if any, of accommodation of Aboriginal interests. [...] The fact that industry is so eager to engage in deals with Aboriginal groups that are owed consultation indicates the seriousness of the legal risks associated with the duty to consult.74 In light of the threat of litigation, it is often less costly to bring the Aboriginal group onside, even if this requires revenue sharing or other benefits, despite the fact that courts have emphasized that the d [...] Considerations relating to the “honour of the Crown”, the structuring of nego- tiations between governments and Aboriginal groups, and the promotion of “rec- onciliation” can all be found in the jurisprudence.77 A better understanding of the purpose of the duty to consult would allow parties and lower court judges to under- stand more readily what concrete obligations it requires in different circ
rule of law education economics school land tenure indians of north america economic theory ethics judgments law philosophy risk uncertainty human activities further education risks first nations aboriginal title delgamuukw precedents precedent lawsuit risk aversion mining rights aboriginal land rights legal certainty

Authors

Lavoie, Malcolm, Newman, Dwight G

ISBN
9780889753648
Pages
46
Published in
Ottawa, Ontario

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