|
|
 |
|
Viewing report
|
|
|
|
“Do not take them from myself and my children forever”. Edition No. 1
VDM Publishing House, Sep 2008, Pages: 164
Chief Crowfoot’s plea in 1877 “Take pity on me with
regard to …the waters…and do not take them from
myself and my children for ever,” indicates that he
had no intention of relinquishing their title to the
lands and waters of their traditional territories.
For this reason, project proponents that have
obtained water licences under Alberta’s current water
regulations cannot be certain of their tenures.
Aboriginal legal issues dominate the list of major
risks facing industry in Alberta, Canada regarding
project development associated with water. This book
explains that Aboriginal and treaty rights to water
have not been extinguished by any Crown legislation
or policy. Aboriginal and treaty water rights are
protected by the Natural Resources Transfer
Agreement, 1930 and s.35 of the Canadian
Constitution. Because Alberta’s legal regime and
consultation policies circumvent the treaty
relationship between the Crown and First Nations,
they are vulnerable to constitutional challenge.
This in-depth analysis will be especially useful to
First Nations, legal practitioners, industry, and
government executives who need to understand the
meaning of Indian treaties and the duty to consult.
|
|
|
|
