Document Type
Book Chapter
Publication Date
2017
Source Publication
The Right Relationship
Abstract
Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the continuation of Indigenous hunting, fishing and harvesting activities until the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement. This draft book chapter argues that consent of First Nations should be required before further development that impact on their harvesting rights. The consent standard has already been widely adopted in the private sector both in policy and in practice, and Canadian courts should require consent as a “best practice” for industry and government.
Repository Citation
Imai, Shin. "Consult, Consent and Veto: International Norms and Canadian Treaties." In The Right Relationship, ed. Michael Coyle and John Borrows. (Toronto: University of Toronto Press, 2017).
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.
Included in
Courts Commons, Indigenous, Indian, and Aboriginal Law Commons, International Law Commons
Comments
This is a draft chapter from The Right Relationship (U of T Press) edited by Michael Coyle and John Borrows, forthcoming in 2017.
The author would be pleased to have comments: simai@osgoode.yorku.ca