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      Treaty federalism: building a foundation for duty to consult in Saskatchewan

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      KatherineWalkerMAthesis.pdf (347.2Kb)
      Date
      2010-04-19
      Author
      Walker, Katherine A.
      Type
      Thesis
      Degree Level
      Masters
      Metadata
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      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.
      Degree
      Master of Arts (M.A.)
      Department
      Political Studies
      Program
      Political Studies
      Supervisor
      Poelzer, Greg
      Committee
      Peters, Evelyn; McGrane, David; Garcea, Joe
      Copyright Date
      April 2010
      URI
      http://hdl.handle.net/10388/etd-04152010-102701
      Subject
      Saskatchewan
      duty to accommodate
      treaty
      consultation
      treaty federalism
      treaties
      duty to consult
      Aboriginal governance
      Aboriginal rights
      Aboriginal
      First Nations
      lands and resources
      Collections
      • Graduate Theses and Dissertations
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      The University of Saskatchewan's main campus is situated on Treaty 6 Territory and the Homeland of the Métis.

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