Suchergebnisse

This article is intended as a companion piece to Øyvind Ravna's contribution to this anniversary volume. It maps the development of the duty to consult in Canadian law since the seminal decision of the Supreme Court of Canada in Haida Nation v British Columbia in 2004. The article begins by briefly examining the first references to the duty to consult in 1990 before turning in Part 2 to the transformation of the duty in Haida Nation and a doctrinal analysis of the various elements of the duty. Part 3 examines the international standard of free, prior and informed consent (FPIC) as developed in the UN Declaration on the Rights of Indigenous Peoples as well as the implications of legislation that aims to give effect to the Declaration in federal or provincial law. The conclusion to the paper offers some comparative comments on Norway and Canada regarding the development of the duty to consult. These comments emphasise that whereas consultation and FPIC obligations in Norway are firmly rooted in international law, and, in particular, in the International Labour Organization's Convention on Indigenous and Tribal Peoples (ILO C-169), this is not the case in Canada. In Canada, the duty to consult and accommodate finds its origins in domestic law and the entrenchment of aboriginal rights in the Constitution in 1982. However, more recent discussions over the implementation of the UN Declaration in federal and provincial law have inevitably broadened the discourse to include international law and the FPIC standard.

This article is intended as a companion piece to Øyvind Ravna's contribution to this anniversary volume. It maps the development of the duty to consult in Canadian law since the seminal decision of the Supreme Court of Canada inHaida Nation v British Columbiain 2004. The article begins by briefly examining the first references to the duty to consult in 1990 before turning in Part 2 to the transformation of the duty inHaida Nationand a doctrinal analysis of the various elements of the duty. Part 3 examines the international standard of free, prior and informed consent (FPIC) as developed in the UN Declaration on the Rights of Indigenous Peoples as well as the implications of legislation that aims to give effect to the Declaration in federal or provincial law. The conclusion to the paper offers some comparative comments on Norway and Canada regarding the development of the duty to consult. These comments emphasise that whereas consultation and FPIC obligations in Norway are firmly rooted in international law, and, in particular, in the International Labour Organization's Convention on Indigenous and Tribal Peoples (ILO C-169), this is not the case in Canada. In Canada, the duty to consult and accommodate finds its origins in domestic law and the entrenchment of aboriginal rights in the Constitution in 1982. However, more recent discussions over the implementation of the UN Declaration in federal and provincial law have inevitably broadened the discourse to include international law and the FPIC standard.

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Recognising the property interests of indigenous peoples within settler societies : some different conceptual approaches /Nigel Bankes --Acknowledging and accomodating legal pluralism : an application to the draft Nordic Saami Convention /Jonnette Watson Hamilton --The public-law dimension of indigenous property rights /Jeremy Webber --Can Saami transnational indigenous peoples exercise their self-determination in a world of sovereign states? /Timo Koivurova --The Nordic Saami Convention : the right of a people to control issues of importance to them /Leena Heinämäki --Cross-border reindeer husbandry : between ancient usage rights and state sovereignty /Else Grete Broderstad --The draft Nordic Saami Convention and the assessment of evidence of Saami use of land /Øyvind Ravna --Who holds the reindeer-herding right in Sweden? : A key issue in legislation /Christina Allard --The draft Nordic Saami Convention and the indigenous population in Finland /Juha Joona --The subjects of the draft Nordic Saami Convention /Tanja Joona --On customary law among the Saami people /Elina Helander-Renvall --The Archaur people in Ecuador : towards territorial and political autonomy /Veronica Potes --The Australian approach to recognising the land rights of the indigenous peoples : the Native Title Act 1993 (Cth) /Sharon Mascher --The forms of recognition of indigenous property rights in settler states : modern claim agreements in Canada /Nigel Bankes --The Nordic Saami Convention and the rights of Saami women : lessons from Canada /Jennifer Koshan.

This article presents the editors' introduction to the ten-year anniversary issue of Arctic Review on Law and Politics, with a history of the journal and an overview of the issue's contents.