Publication Language: English
Published: September 30, 2013
Publisher: LexisNexis Canada
The issues surrounding jurisdiction over Canadian natural resources are becoming increasingly wide-ranging – as well as increasingly complex – making this book an especially timely publication. Authored by constitutional and Aboriginal law expert, Dwight Newman, Natural Resource Jurisdiction in Canada explores this evolving area of jurisprudence from a variety of perspectives, including constitutional, Aboriginal, commercial and environmental..
This resource is the first of its kind to be published in Canada and offers ground-breaking analysis of the disputes and litigation related to jurisdiction over Canadian natural resources.
It can be difficult to make sense of this intricate topic, mostly because there are often many competing interests involved in trying to determine jurisdiction over natural resources in Canada. Dr. Newman cuts through the confusion and, applying his extensive knowledge and experience, synthesizes the pertinent foundational constitutional principles and applies them to the divisions of constitutional jurisdictions – whether proprietary-based, power-based, tax-based or rights-based – across the natural resources spectrum. As a result, practitioners gain insight into the conflicting priorities and are better able to deal with them in their day-to-day legal practice..
Chapter 1: Introduction
1. Natural Resource Jurisdiction Conflicts
2. Basic Concepts of Canadian Division of Powers Between Federal and Provincial Governments
3. Overview of Constitutional Sections Affecting Natural Resources
4. Devolution of Jurisdiction to the Northern Territories
5. Aboriginal Property, Aboriginal Jurisdiction and the Duty to Consult
Chapter 2: Divided Jurisdiction over Natural Resources
1. Introduction
2. Natural Resources in the Federal State
3. Competing Typologies of Jurisdictional Argument on Natural Resources in Canada
4. Coordination of Jurisdiction on Foreign Investment in Natural Resource Contexts
5. Coordination of Environmental Impact Assessment
Chapter 3: Mining and Minerals
1. Introduction
2. Offshore Resources
3. Onshore Minerals and Mining
Chapter 4: Energy
1. Introduction
2. Coal and Carbon Capture Issues
3. Oil and Gas
4. Pipelines
5. Application of Pipelines Jurisprudence to Electrical Transmission
6. Uranium and Nuclear Power
Chapter 5: Forestry, Agriculture and Bioresources
1. Forestry
2. Agriculture
3. Aquaculture
4. Wildlife
5. Other Bioresources
Chapter 6: Water and Fisheries
1. Introduction
2. Federal Maritime Jurisdiction
3. Provincial Powers Over Water Management
4. Federal Fisheries Power
5. Aboriginal Water and Fishing Rights
6. Jurisdictional Conflicts Over Water Pollution
Chapter 7: Conclusions and Future Challenges