Who speaks for whom? Implementing the Crown's duty to consult in the case of divided Aboriginal political structures
Bibliographic Data
| ID | 9784682 |
|---|---|
| Authors | Ian Peach (corresponding author) |
| Year | 2016 |
| Volume | 59 |
| Issue | 1 |
| Pages | 95-112 |
| Publication date | 2016-03-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Canadian Public Administration (JOURNAL) |
| Journal identifiers | ISSN: 0008-4840 • E-ISSN: 1754-7121 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/capa.12150 |
| OpenAlex | W2312315066 |
| Language | EN |
| Citations received | 6 |
| References cited | 5 |
The Supreme Court of Canada has determined that the Crown has a duty to consult Aboriginal peoples on government decisions that may adversely affect their rights, but the Court did not define who the Crown should consult on behalf of Aboriginal people when two or more groups claim the right to speak for them. For government officials attempting to fulfil the Crown's duty, this can create challenges. This article reviews the jurisprudence and scholarly commentary to provide some guidance to government officials on how to effectively implement the Crown's duty to consult as a practical matter of public administration
Crown (dentistry · Duty · Government (linguistics · Jurisprudence · Political science · Politics · Supreme court · Judicial and Constitutional Studies · Law · Medicine · Multicultural Socio-Legal Studies · Ombudsman and Human Rights
Including and Excluding Indigenous Religion through Law
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Editor’s introduction/Introduction du rédacteur
Understanding consultation and engagement of Indigenous Peoples in resource development
Counter-institutionalizing First Nation-Crown relations in British Columbia
| Citations per year | 0.75 |
|---|---|
| Citation span | 2018 - 2020 (3) |
| Highly cited | No |