Browsing by Author "Sharvit, Cheryl"

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    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.