Browsing by Author "Ross, Monique M."
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Item Open Access Aboriginal Peoples and Resource Development in Northern Alberta(Canadian Institute of Resources Law, 2003) Ross, Monique M.This paper is the final component of a multifaceted research project on legal and institutional responses to land and resource use conflicts in Northern Alberta. The paper evaluates the situation of forest-based Aboriginal communities faced with intensifying resource development in the northern boreal region of Alberta. It considers the extent to which the rights and interests of Aboriginal Peoples are acknowledged, protected and accommodated in the provincial resource allocation and development process.Item Open Access The Dene Tha' Consultation Pilot Project: An "Appropriate Consultation Process" with First Nations?(Canadian Institute of Resources Law, 2001) Ross, Monique M.Item Open Access In Search of Public Land Law in Alberta(Canadian Institute of Resources Law, 1998) Kennett, Steven A.; Ross, Monique M.Public land management has been the subject of much debate in Alberta, a province richly endowed with natural resources and heavily dependent on a variety of land and resource uses for its economic well-being. Over time, with the pace of development increasing, this debate has become more acrimonious. At issue are fundamental values and interests and critical policy and institutional choices that will affect the long-term ecological, economic and social sustainability of Alberta's land and resource base. This paper is intended to contribute to the discussion of legal and policy options for public land management in Alberta. The analysis is based on two premises: (1) there is a critical need for an integrated approach to managing the public domain; and (2) law has a fundamental role to play in structuring decision-making regarding the use of public land and resources. The objective is to assess the extent to which Alberta's land and resource legislation provides a solid legal basis for an integrated approach to public land management. To this end, a template for integrated public land law is used as the standard against which legislation is evaluated.Item Open Access Legal and Institutional Responses to Conflicts Involving the Oil and Gas and Forestry Sectors(Canadian Institute of Resources Law, 2002) Ross, Monique M.This paper examines the inter-sectoral conflicts and ecological impacts resulting from the development of oil and gas and forestry resources in Alberta's boreal forest region and evaluates the legal regime under which the two resource sectors operate. It argues that current policies, legislation and regulations are inadequate to meet the challenge of intensifying resource use and increasing ecological impacts. Structural reforms to the legal and policy regime and clear political leadership are required in order to achieve the effective integration and sustainable development of oil and gas and forest resources. Integration of development activities is seen as a way to minimize the collective industrial footprint on the landscape and protect the health of ecosystems, as well as to reduce operational and planning costs and resolve inter-sectoral disputes.Item Open Access Public Land Law Worthy of Alberta's Public Lands(Canadian Institute of Resources Law, 1997) Kennett, Steven A.; Ross, Monique M.Item Open Access Resource Developments on Traditional Lands: The Duty to Consult(Canadian Institute of Resources Law, 1999) Sharvit, Cheryl; Robinson, Michael; Ross, Monique M.Recent Canadian court decisions have scrutinized the way in which governments, when their actions or decisions may infringe on Aboriginal or treaty rights, consult with potentially affected Aboriginal people. Consultation is a key consideration in the justification analysis developed by the Supreme Court of Canada in the Sparrow decision to determine whether government is justified in infringing those rights. This paper contrasts the type of consultation that often prevails in practice with the duty to consult emerging from the case law.