Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada
Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada

Author: Kirk N. Lambrecht

Publisher: University of Regina Press

Published: 2013

Total Pages: 209

ISBN-13: 0889772983

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Supreme Court of Canada decisions have defined a general framework for the "duty to consult" Aboriginal peoples and accommodate their concerns over natural resource development, but anticipate the details of that framework will be expanded upon in the future. Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada offers a paradigm that advances that discussion. It proposes an integrated and robust planning model for natural resource extraction allowing Aboriginal peoples, industry, governments, tribunals, and the Courts to all make contributions to reconciliation in the context of sustainable development and environmental protection. Kirk Lambrecht surveys the law of actual and asserted Aboriginal rights and historical and modern Treaty rights in Canada and discusses the national and international purposes of environmental assessment and regulatory review. He appraises the fundamental principles of Supreme Court of Canada jurisprudence defining aboriginal consultation and accommodation as a constitutional imperative and uses case studies involving the National Energy Board to demonstrate how integrated process has evolved over time. Finally he offers general conclusions on the practical utility, and outstanding challenges, involving an integrated planning paradigm.

Sustainable Development as Environmental Harm
Sustainable Development as Environmental Harm

Author: James Heydon

Publisher: Routledge

Published: 2019-04-01

Total Pages: 342

ISBN-13: 0429752288

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In this in-depth analysis of First Nations opposition to the oil sands industry, James Heydon offers detailed empirical insight into Canadian oil sands regulation. The environmental consequences of the oil sands industry have been thoroughly explored by scholars from a variety of disciplines. However, less well understood is how and why the provincial energy regulator has repeatedly sanctioned such a harmful pattern of production for almost two decades. This research monograph addresses that shortcoming. Drawing from interviews with government, industry, and First Nation personnel, along with an analysis of almost 20 years of policy, strategy, and regulatory approval documents, Sustainable Development as Environmental Harm offers detailed empirical insight into Canadian oil sands regulation. Providing a thorough account of the ways in which the regulatory process has prioritised economic interests over the land-based cultural interests of First Nations, it addresses a gap in the literature by explaining how environmental harm has been systematically produced over time by a regulatory process tasked with the pursuit of ‘sustainable development’. With an approach emphasizing the importance of understanding how and why the regulatory process has been able to circumvent various protections for the entire duration in which the contemporary oil sands industry has existed, this work complements existing literature and provides a platform from which future investigations into environmental harm may be conducted. It is essential reading for those with an interest in green criminology, environmental harm, indigenous rights, and regulatory controls relating to fossil fuel production.

Indigenous Wellbeing and Enterprise
Indigenous Wellbeing and Enterprise

Author: Rick Colbourne

Publisher: Routledge

Published: 2020-07-09

Total Pages: 309

ISBN-13: 1000753964

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In this book, we explore the economic wellbeing of Indigenous peoples globally through case studies that provide practical examples of how Indigenous wellbeing is premised on sustainable self- determination that is in turn dependent on a community’s evolving model for economic development, its cultural traditions, its relationship to its traditional territories and its particular spiritual practices. Adding to the richness, geographically these chapters cover North, Central and South America, Northern Europe, the Circumpolar Arctic, Southern Europe, the Middle East, Asia and Oceania and a resulting diverse set of Indigenous peoples. The book addresses key issues related to economic, environmental, social and cultural value creation activities and provides numerous examples and case studies of Indigenous communities globally which have successfully used entrepreneurship in the pursuit of sustainable development and wellbeing. Readers will gain practical understandings of the nature of sustainable economic development from a cross- section of case studies of Indigenous perspectives globally. The chapters map out the international development of Indigenous rights and the influence that this has had on Indigenous communities globally in asserting their sovereignty and acting on their rights to develop sustainable governance and economic development practices. Readers will develop insights into the intersection of Indigenous governance with sustainable practice and community wellbeing through practical case studies that explain the need for Indigenous- led economic development and governance strategies, which are responsive to local, regional, national and international realities in developing sustainable Indigenous economies focused on economic, environmental, social and cultural value creation. This book will be useful for Indigenous and non- Indigenous business students studying undergraduate business or MBA programs who seek to understand the global context and the varied experiences of Indigenous peoples in developing sustainable economic development strategies that promote community wellbeing.

Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada
Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada

Author: Kirk N. Lambrecht

Publisher:

Published: 2000

Total Pages: 177

ISBN-13: 9780889772991

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Table of Contents ; Detailed Table of Contents ; Table of Cases, Statutes, Constitutional Provisions and Tribunal Decisions ; Acknowledgements; Prologue; Relationships in the Project Development Process; Defining Aboriginal Rights and Treaty Rights; Fundamental Principles of Environmental Assessment and Regulatory Review; Development of the Law of Aboriginal Consultation by the Supreme Court of Canada; Case Studies Involving Aboriginal Consultation and the National Energy Board of Canada; Concluding Observations; Notes; Bibliography; Index.

Extracting Home in the Oil Sands
Extracting Home in the Oil Sands

Author: Clinton Westman

Publisher: Routledge

Published: 2019-12-06

Total Pages: 186

ISBN-13: 1351127446

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The Canadian oil sands are one of the world’s most important energy sources and the subject of global attention in relation to climate change and pollution. This volume engages ethnographically with key issues concerning the oil sands by working from anthropological literature and beyond to explore how people struggle to make and hold on to diverse senses of home in the region. The contributors draw on diverse fieldwork experiences with communities in Alberta that are affected by the oil sands industry. Through a series of case studies, they illuminate the complexities inherent in the entanglements of race, class, Indigeneity, gender, and ontological concerns in a regional context characterized by extreme extraction. The chapters are unified in a common concern for ethnographically theorizing settler colonialism, sentient landscapes, and multispecies relations within a critical political ecology framework and by the prominent role that extractive industries play in shaping new relations between Indigenous Peoples, the state, newcomers, corporations, plants, animals, and the land.

Indigenous Legalities, Pipeline Viscosities
Indigenous Legalities, Pipeline Viscosities

Author: Tyler McCreary

Publisher: University of Alberta

Published: 2024-04-02

Total Pages: 371

ISBN-13: 1772127272

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Indigenous Legalities, Pipeline Viscosities examines the relationship between the Wet’suwet’en and hydrocarbon pipeline development, showing how colonial governments and corporations seek to control Indigenous claims and how the Wet'suwet'en resist. Tyler McCreary explores pipeline regulatory review processes, reviews attempts to reconcile Indigeneity with development, and asks fundamental questions about territory and jurisdiction. In the process, he offers historical context for the continuing influences of colonialism on Indigenous peoples. Throughout, McCreary demonstrates how the cyclical movements between resistance and reconciliation are affected by the unequal relations between Indigenous peoples, colonial governments, and development operations. This sophisticated analysis invites readers to consider the complex realities of Indigenous and Wet’suwet’en law, as well as the politics of pipeline development.

Carbon Province, Hydro Province
Carbon Province, Hydro Province

Author: Douglas Macdonald

Publisher: University of Toronto Press

Published: 2020-03-10

Total Pages: 336

ISBN-13: 1487524900

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Why has Canada been unable to achieve any of its climate change targets? Part of the reason is that emissions in two provinces, Alberta and Saskatchewan, have been steadily increasing as a result of expanding oil and gas production. Declining emissions in other provinces, such as Ontario, Quebec, Nova Scotia, and New Brunswick, have been cancelled out by those western increases. The ultimate explanation for Canadian failure lies in the differing energy interests of the western and eastern provinces. How can Ottawa possibly get all the provinces moving in the same direction of decreasing emissions? To answer this question, Douglas Macdonald explores the five attempts to date to put in place co-ordinated national policy in the fields of energy and climate change - from Pierre Trudeau's ill-fated National Energy Program to Justin Trudeau's bitterly contested Pan-Canadian program - analyzing and comparing them for the first time.

From Recognition to Reconciliation
From Recognition to Reconciliation

Author: Patrick Macklem

Publisher: University of Toronto Press

Published: 2016-04-06

Total Pages: 535

ISBN-13: 144262499X

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More than thirty years ago, section 35 of the Constitution Act recognized and affirmed “the existing aboriginal and treaty rights of the aboriginal peoples of Canada.” Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.

First World Petro-Politics
First World Petro-Politics

Author: Laurie E. Adkin

Publisher: University of Toronto Press

Published: 2016-01-01

Total Pages: 691

ISBN-13: 1442612584

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First World Petro-Politics examines the vital yet understudied case of a first world petro-state facing related social, ecological, and economic crises in the context of recent critical work on fossil capitalism. A wide-ranging and richly documented study of Alberta's political ecology - the relationship between the province's political and economic institutions and its natural environment - the volume tackles questions about the nature of the political regime, how it has governed, and where its primary fractures have emerged. Its authors examine Alberta's neo-liberal environmental regulation, institutional adaptation to petro-state imperatives, social movement organizing, Indigenous responses to extractive development, media framing of issues, and corporate strategies to secure social license to operate. Importantly, they also discuss policy alternatives for political democratization and for a transition to a low-carbon economy. The volume's conclusions offer a critical examination of petro-state theory, arguing for a comparative and contextual approach to understanding the relationships between dependence on carbon extraction and the nature of political regimes.