ENDLESS : International Journal of Future Studies
Vol. 6 No. 3 (2023): ENDLESS: International Journal of Future Studies

Problems Faced by Duty to Consult and the Protection of Aboriginal Peoples in Canada

Nancy Kusbayanti (Universitas Indonesia, Depok, Indonesia)
Bayu Kristianto (Universitas Indonesia, Depok, Indonesia)

Article Info

Publish Date
25 Dec 2023

Abstract

This paper attempts to analyze the problems faced by the duty to consult doctrine. As an implementation of Section 35 of the Constitution Act of 1982, the duty to consult was first used by the Supreme Court of Canada in the case of Haida Nation in 2004. This doctrine was employed five times by the Supreme Court between 2004 and 2010 to resolve disputes on land and its uses between indigenous people and the Canadian government. In 2018, in the case of Mikisew Cree First Nation v. Canada (Governor General in Council), the Supreme Court determined that this doctrine does not apply to the legislature. While welcomed by indigenous people and those fighting for indigenous people's rights, the duty to consult also raises other problems, namely the application of this doctrine and the legal certainty it creates, especially for businesses related to the use of natural resources.

Copyrights © 2023




Citation Download
RIS
EndNote, Reference Manager, ProCite
BibTex
Latex, Jabref
Original Source
Download Original
Google Scholar
Check in Google Scholar
Journal Info
ENDLESS : International Journal of Future Studies
Website

Abbrev

endless

Publisher

Global Writing Academica Researching and Publishing

Subject

Economics, Econometrics & Finance Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice

Description

Focus & Scope ENDLESS: International Journal of Futures Studies is a globally-oriented, trans-disciplinary refereed journal. Its mission is to develop high-quality, future-oriented research and thinking, based on the evolving knowledge base of Futures Studies / Foresight. The Journal’s approach ...