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Natural Resource Jurisdiction in Canada

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.
Publication Language: English
Book
$220.00
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In Stock
Published:
ISBN/ISSN: 9780433472384

Product details

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..


Highlights of This Book

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..


Natural Resource Jurisdiction in Canada is accessible, yet thorough, and covers the major categories of Canadian natural resources, with entire chapters dedicated to:
  • Mining and minerals
  • Energy (oil, gas, pipelines, coal, nuclear)
  • Forestry, agriculture and bioresources
  • Water and fisheries

Who Should Read This Book

Natural Resource Jurisdiction in Canada is the perfect reference for those who are interested in constitutional law or Aboriginal law principles as they relate to natural resources, but don't want to have to sift through a general treatise on constitutional or Aboriginal law for the relevant information. This book will also be particularly useful to:
  • Natural resources practitioners
  • In-house counsel at natural resources firms
  • Aboriginal law practitioners
  • Competition and foreign investment practitioners
  • Constitutional lawyers
  • Law libraries

Featured authors

Table of contents

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