.............................................................................................................................. iii Acknowledgements .............................................................................................................. v Dedication ........................................................................................................................... vi Table of

Sustainability and Indigenous Interests in Regional Land Use Planning: Case Study of the Peel Watershed Process in Yukon, Canada

The 2015 election of the New Democratic Party (NDP) in Alberta and the NDP government’s commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples has opened up n...

Destabilizing the Consultation Framework in Alberta's Tar Sands

The advancement of a constructive Aboriginal agenda in the form of rights-based litigation since the recognition and affirmation of Aboriginal and treaty rights in the Constitution Act, 1982 has led to the creation of the legal doctrine of the duty to consult and accommodate. As a discipline on Crown decision-making, the legal doctrine of the duty to consult and accommodate presents a prospective pathway for the reconciliation of Crown and Aboriginal interests in resource development. While maintaining promise as a framework to provide for the full and fair consideration of Aboriginal interests in regulatory reviews, administrative decision-makers representing the Crown have made the management of legal liabilities the principal policy objective of consultation and accommodation. As a result, there is minimal incentive for administrative decision-makers to deviate from highly legalistic interpretations of common law. This standard operating procedure is steadily reinforced, as the Crown, able to efficiently reduce the risk of litigation by First Nations, permits projects without consideration of the continued and incremental diminishment of Aboriginal interests in lands and resources. The purpose of this thesis is to deconstruct processes of consultation and accommodation embedded in environmental assessment processes associated with major resource projects as a means to identify institutional arrangements that promote and provide for the full and fair consideration of Aboriginal interests in Crown decision-making.

Crown-Aboriginal Relations in Resource Development: An Analysis of Institutional Incentives and Constraints in the Reconciliation of Aboriginal Interests

Site C Dam, a third large hydroelectric project on the Peace River, Canada, could potentially impact many Indigenous groups’ traditional ways of life and cultural lands. Through an explanatory case...

A Question of Inclusion: BC Hydro’s Site C Dam Indigenous Consultation Process

..................................................................................................ii ACKNOWLEDGEMENTS...............................................................................iii TABLE OF CONTENTS..................................................................................iv Chapter 1: Introduction and Overview...................................................................1 1.0 Introduction............................................................................................1 1.1 Setting the Background................................................................................4 1.2 Outline of the Thesis..................................................................................8 1.3 Existing Scholarship on the Duty to Consult......................................................9 Chapter 2: Example of SMRs as a Future Development Engaging the Duty to Consult.....................................................................................................14 2.0 Introduction..........................................................................................14 2.1 Fundamentals of Small Modular Reactors.......................................................15 2.2 Potential Impact of SMR Operation on Aboriginal Peoples’ Rights..........................17 2.2.1 Taking up Aboriginal Traditional Lands................................................19 2.2.2 Potential Impacts of Operation on Water Bodies and Aboriginal Fishing Rights........................................................................................20 2.2.3 Exclusion Zone for SMRs.................................................................22 2.2.4 Nuclear Waste..............................................................................22 2.2.5 Uranium Mining............................................................................23 2.3 Conclusion...........................................................................................24 Chapter 3: Consultation and Accommodation.......................................................25 3.0 Introduction..........................................................................................25 3.1 Evolution of Duty to Consult: from Haida Nation to Chippewas............................26 3.2 The Scope of duty to consult......................................................................28 3.3 Aboriginal Consent.................................................................................29 3.4 International Standard for Consultation.........................................................30 3.5 The Canadian Perspective on the UNDRIP...... ...............................................32 3.6 Conclusion.......................................... ................................................34

RETHINKING CANADA’S DUTY TO CONSULT DOCTRINE: ACCOMMODATING ABORIGINAL RIGHTS IN THE DEPLOYMENT OF SMALL MODULAR REACTORS (SMRs)

While the duty to consult fulfils a critically important role in defining, guiding, and developing the interrelationship of the Crown and Aboriginal peoples, the role of the duty to consult, properly understood, is but one of several important elements in the overall scheme of satisfying the Crown’s constitutional duties to Canada’s Aboriginal peoples. The Crown’s duty to consult and, if necessary, accommodate is both important and useful; however, this duty to consult should not be stretched in an attempt to fulfil other roles or serve other purposes. The Crown’s duty to consult coexists with the other elements of the scheme, including the Crown’s fiduciary obligations, treaty obligations, and the obligation to justify infringements of Aboriginal rights and title. This distinction in approach between the duty to consult and substantive Aboriginal rights is more understandable when one clearly distinguishes between the purpose of and the limitations on the Crown’s duty to consult and those of the other elements of the Crown’s obligations to satisfy its constitutional duties to Canada’s Aboriginal peoples.

/pdf/the-crown-s-duty-to-consult-aboriginal-peoples-towards-an-3drqd44b4g.pdf

The Crown's Duty to Consult Aboriginal Peoples: Towards an Understanding of the Source, Purpose, and Limits of the Duty

Within the Welsh education system, ‘Schools as Learning Organisations’ (SLOs) remains a centrepiece of current education policy. This article considers some of the key evidence base(s) that connect to and underpin the SLO model in Wales. This is not a review of the literature but rather an overview of the main empirical evidence that reinforces the SLO approach in Wales. The article highlights that there is a supportive, empirical evidence base for each of the 7 dimensions of the Welsh SLO model. It concludes, however, that more practical guidance, particularly about implementation processes, are needed to assist schools in their journey towards becoming stronger learning organisations.

Schools as Learning Organisations in Wales: A Critical Exploration of the International Evidence Base

Leading Futures: Global Perspectives on Educational Leadership

Professional Learning at Scale-Navigating Complexities and Sustaining Collaboration

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The Crown's Duty to Consult Aboriginal Peoples: Towards an Understanding of the Source, Purpose, and Limits of the Duty

Schools as Learning Organisations in Wales: A Critical Exploration of the International Evidence Base

Leading Futures: Global Perspectives on Educational Leadership

Professional Learning at Scale-Navigating Complexities and Sustaining Collaboration