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

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Date
2010-04-19Author
Walker, Katherine A.
Type
ThesisDegree Level
MastersMetadata
Show full item recordAbstract
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 StudiesProgram
Political StudiesSupervisor
Poelzer, GregCommittee
Peters, Evelyn; McGrane, David; Garcea, JoeCopyright Date
April 2010Subject
Saskatchewan
duty to accommodate
treaty
consultation
treaty federalism
treaties
duty to consult
Aboriginal governance
Aboriginal rights
Aboriginal
First Nations
lands and resources