The Crown has fiduciary obligations to First Nations and must act in
consequence. One of this consequence is that the Crown has a duty to consult with
aboriginal peoples when it infringes aboriginal or treaty right. The thesis deals with the
principles related to the Crown's duty to consult with First Nations. I elaborate on
principles established by the courts and also on questions that remain unanswered to date.
Those questions include when, how and with whom the consultation should be done. I
also examine the situation in New Zealand, where the consultation process is a little more
advanced than here in Canada and compare the principles elaborated by New Zealand
courts with those existing in Canada. From the New Zealand experience, I suggest
consultation guidelines to be used in Canada by the Crown and its representatives.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:BVAU.2429/11932 |
| Date | 11 1900 |
| Creators | Chartier, Mélanie |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Relation | UBC Retrospective Theses Digitization Project [http://www.library.ubc.ca/archives/retro_theses/] |
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