Beyond Section 35 Symposium, Ottawa – Discussion Paper

While past discussions on Section 35 have centered on legal applications, the upcoming Beyond Section 35 Symposium will move beyond legal implications to where the research lags – the practical hallmarks of self-government and implementation. This discussion paper is meant to help facilitate these discussions by describing the intent in the making of Section 35, what has transpired to forward the “Inherent Rights” agenda in the realm of governance and self-government, and the next steps to moving forward with an… Read more

Environmental Protection: Challenges and Prospects for First Nations under the First Nations Land Management Act

The First Nations Land Management Act, which sets out a sectoral self-government regime, is attracting increasing interest from First Nations across Canada. Originally developed for Indian and Northern Affairs Canada, this paper outlines the jurisdiction in environmental management that First Nations under the Act would assume, contingent upon reaching an environmental management agreement with the federal government. It then explores options for how the regulatory function flowing from these agreements might be exercised.

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