Browsing by Author "Laidlaw, David"

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    Alberta First Nations Consultation & Accommodation Handbook – Updated to 2016
    (Canadian Institute of Resources Law, 2016-03) Laidlaw, David
    This is an Update to our Alberta First Nations Consultation & Accommodation Handbook published on March 30, 2014 as CIRL Occasional Paper #44 (Handbook). The Handbook was a critical assessment of Alberta’s approach to satisfying the Crown’s duty to consult and accommodate aboriginal people in Alberta under The Government of Alberta’s Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (Consultation Policy). In the Handbook we reviewed the Consultation Policy, associated legislation and draft Corporate Guidelines as they existed at March 30, 2014. In this Update, we analyze the finalized guidelines, The Government of Alberta’s Guidelines on Consultation with First Nations on Land and Natural Resource Management (July 28, 2014) (Guidelines) together with relevant developments since March 30, 2014.
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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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    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.