Browsing by Author "Passelac-Ross, Monique"

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    Access to Forest Lands and Resources: The Case of Aboriginal Peoples in Alberta
    (Canadian Institute of Resources Law, 2008) Passelac-Ross, Monique
    The development of natural resources is central to the province of Alberta's economic growth and prosperity. Most of these resources - conventional oil and gas, oil sands, forests, coal, water - are owned by the province. They are managed under a highly centralized resource management regime that provides relatively few opportunities for local communities to influence decision-making. This is notably the case with respect to Crown forests, 89% of which are owned by the provincial government and allocated under long-term forest tenures to large integrated forest companies. The paper focuses on the situation of Aboriginal communities located within the commercial forest area of the province. It seeks to assess the extent and scope of their access to Crown forest lands.
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    Alberta First Nations Consultation & Accommodation Handbook
    (Canadian Institute of Resources Law, 2014-03) Laidlaw, David; Passelac-Ross, Monique
    Alberta has had two attempts to develop a First Nation’s consultation and accommodation process. The first in 2005 was controversial for First Nations and frustrating for resource companies. The First Nation Consultation Policy (2013) was released on August 16, 2013. There were some conceptual improvements such as the centralization of First Nation Consultation and a consultation levy on resource companies. There are notable failures including the process of developing the new policy and the continued misunderstanding of the governing Treaties. Aboriginal consultation in Alberta after the new Policy will still be a frustrating, complicated, and expensive exercise despite government, industry, First Nations’ and public hopes. It need not be so. In this report, this latest attempt is described and critiqued with best practices from other jurisdiction suggested to correct the flaws.
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    Consultation with Aboriginal Peoples in the Athabasca Oil Sands Region: Is it Meeting the Crown's Legal Obligations?
    (Canadian Institute of Resources Law, 2007) Passelac-Ross, Monique; Potes, Verónica
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    Crown Consultation with Aboriginal Peoples in Oil Sands Development: Is it Adequate, Is it Legal?
    (Canadian Institute of Resources Law, 2007) Passelac-Ross, Monique; Potes, Verónica
    The environmental and social impacts of oil sands development are generally well documented. As the development intensifies, concerns over these impacts have multiplied. Because oil sands operations in the Athabasca region are located on lands traditionally and currently used by First Nation and Métis peoples, these impacts particularly affect the local Aboriginal communities. Aboriginal peoples have raised concerns about environmental and socio-economic impacts since the early days of oil sands development in the 1960s. Unfortunately, these effects are not well understood and are only beginning to be documented. The question this paper seeks to address is the following: how is Alberta fulfilling its constitutional obligations to consult and accommodate Aboriginal peoples in the oil sands development process?
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    Sharing Land Stewardship in Alberta: The Role of Aboriginal Peoples
    (2012-05-09T17:32:57Z) Laidlaw, David; Passelac-Ross, Monique
    This paper explores one possibility of revitalizing the relationship between First Nations, the people of Alberta and the lands and waters of Alberta that we all care for. To further this we propose involving First Nations in the joint management of their traditional lands and resources under formal Joint Stewardship Agreements. We introduce the concept of co-management, which is a means of decentralizing decision-making over land use and resource management from government to local communities. We provide a brief overview of the literature on co-management.
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    Water Rights and Water Stewardship: What About Aboriginal Peoples?
    (Canadian Institute of Resources Law, 2010-03) Laidlaw, David K.; Passelac-Ross, Monique
    The province of Alberta is currently reviewing its approach to the allocation, licensing and transfer of water rights. Several groups of experts have submitted their recommendations to the government, who has also announced that it would hold public consultations on the proposed reforms. The debate on the future of water rights appears to pay scant, if any, attention to the potential rights to water asserted by First Nations. This article analyzes the potential for the existence of Aboriginal rights to water, briefly examines their nature, and suggests that the province should fully engage Aboriginal peoples in the current debate on water rights and in water management decision-making and water stewardship.
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    Water Stewardship in the Lower Athabasca River: Is the Alberta Government Paying Attention to Aboriginal Rights to Water?
    (2011-06-28T22:33:33Z) Passelac-Ross, Monique; Buss, Karin
    This paper examines the status of aboriginal rights to water in the Lower Athabasca River Basin. It starts from the premise that Aboriginal peoples living in the Athabasca oil sands region have constitutionally protected water rights, and inquires whether or not these rights are acknowledged and protected by the Alberta government.