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Justified Infringement - A Minimal Impairment Approach

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Justified Infringement - A Minimal Impairment Approach
Property Information
Resource Type Scientific Paper
Language
  • English
Year 2013
Country Canada
Topic
  • Rights and Legal Framework
Complexity Academic
Keywords
  • Canadian Law
  • Impact Benefit Agreement
  • International Law
  • Land Access
  • Monitoring
  • UNDRIP
Written By Academic Researchers
Written For
  • Academic Institutions or Researchers
  • Leadership and Management
Description Free, Prior, and Informed Consent (FPIC) is an Indigenous right that has been infringed upon by the Canadian legal system. A notable case is presented where the Supreme Court of Canada’s Sparrow decision laid out a case law in which Aboriginal title was overstepped. To honour obligations to Indigenous peoples, the Crown should adopt the standard of a minimal impairment of Aboriginal title.
Copyright Creative Commons, Non Commercial