Treaty federalism: building a foundation for duty to consult in Saskatchewan
Date
2010-04-19
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
ORCID
Type
Degree Level
Masters
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.
Description
Keywords
Saskatchewan, duty to accommodate, treaty, consultation, treaty federalism, treaties, duty to consult, Aboriginal governance, Aboriginal rights, Aboriginal, First Nations, lands and resources
Citation
Degree
Master of Arts (M.A.)
Department
Political Studies
Program
Political Studies