Item – Theses Canada

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OCLC number
1032919401
Link(s) to full text
LAC copy
Author
Walker, Katherine A.
Title
Treaty federalism : building a foundation for duty to consult in Saskatchewan.
Degree
M.A. -- University of Saskatchewan, 2010
Publisher
Saskatoon : University of Saskatchewan, 2010.
Description
1 online resource
Notes
Includes bibliographical references.
Restricted.
I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to University of Saskatchewan or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report.
Abstract
In Canada, the duty to consult doctrine has been articulated as a legal remedy to address the potential infringement of Aboriginal and treaty rights by the Crown. The political dimension and implications of this legal duty on the evolving federal relationship between First Nations and the provincial Crown concerning lands and resources have yet to be fully explored. This research presents the argument that the duty to consult jurisprudence and the new relationship policy in British Columbia are moving towards the articulation of a treaty federalism relationship between the Crown and First Nations. The implications of these findings are then analyzed within the Saskatchewan policy environment, and a potential consultation framework is offered for this province. Crucial linkages between duty to consult jurisprudence and Aboriginal governance, and their implications for policy are highlighted, which contribute to further understanding the complex relationship between First Nations and the Crown in Canada on land and resources.
Other link(s)
library.usask.ca
Subject
Saskatchewan.
duty to accommodate.
treaty.
consultation.
treaty federalism.
treaties.
duty to consult.
Aboriginal governance.
Aboriginal rights.
Aboriginal.
First Nations.
lands and resources.