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Law Environmental

Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada

by (author) Kirk N. Lambrecht

Publisher
University of Regina Press
Initial publish date
Jul 2013
Category
Environmental, Natural Resources, Land Use
  • Paperback / softback

    ISBN
    9780889772984
    Publish Date
    Jul 2013
    List Price
    $34.95

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Description

Supreme Court of Canada decisions have defined a general framework for the "duty to consult" Aboriginal peoples and accomodate their concerns over natural resource development, but anticipate the details of that framework will be expanded upon in the future. Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canadaoffers a paradigm that advances that discussion.

It proposes an integrated and robust planning model for natural resource planning model for natural resource extraction allowing Aboriginal peoples, industry, governments, tribunals, and the Courts to all make contributions to reconciliation in the context of sustainable development and environmental protection.

Kirk Lambrecht surveys the law of actual and asserted Aboriginal rights and historical and modern Treaty rights in Canada and discusses the national and international purposes of environmental assessment and regulatory review. He appraises the fundamental principles of Supreme Court of Canada jurisprudence defining aboriginal consultation and accommodation as a constitutional imperative and uses case studies involving the National Energy Board to demonstrate how integrated process has evolved over time. Finally he offers general conclusions on the practical utility, and outstanding challenges, involving an integrated planning paradigm.

About the author

Contributor Notes

 Kirk Lambrecht has been involved in aboriginal consultation affecting major resource development, including the Mackenzie Gas Project, the Enbridge Northern Gateway Project, and the Shell Jackpine Oil Sands Mine Expansion Project, amongst others. He is with the Edmonton law firm Shores Jardine LLP following thirty years of public service with the Justice Department of Canada.