Traduction de «Traditional resource rights » (Anglais → Français) :

Here again, it could be that an aboriginal group with an interest in a project or in the treatment of land or a resource will articulate its opposition to the project. So the regulator or the decision-maker inside the government has to ask themselves whether there is truly an interest at stake here that relates back to section 35 of the Constitution Act, protecting aboriginal and treaty rights, which in short are mostly the traditional harvesting rights t ...[+++]hat one would expect to see as centrepieces of aboriginal culture in the past and into the present.

(Return tabled) Question No. 334 Hon. Irwin Cotler: With regard to bijuralism and harmonization: (a) what measures are in place to ensure legislative bijuralism across all departments; (b) since the adoption of the “Policy on Legislative Bijuralism”, how has the Department of Justice (i) ensured that all legal counsel in the Department are made aware of the requirements of legislative bijuralism in order for them to be able to take it into account when advising client departments on legislative reforms, (ii) enhanced the capacity of the Legislative Services Branch to draft bijural legislative texts, (iii) undertook, in drafting both ver ...[+++]sions of every bill and proposed regulation that touches on provincial or territorial private law, to take care to reflect the terminology, concepts, notions and institutions of both of Canada’s private law systems; (c) since the adoption of the “Policy for Applying the Civil Code of Quebec to Federal Government Activities”, what measures are in place to ensure (i) changes to Quebec’s Civil Code are known and monitored by the government, (ii) assessment of federal legislation relative to changes to Quebec’s Civil Code, (iii) federal legislation is introduced to reflect, where necessary, changes to the Civil Code of Quebec; (d) with respect to the “Index of Bijuralism and Harmonization Caselaw” found online and indicating its most recent update was June 12, 2012, (i) how often is this page updated, (ii) given that some cases thereupon are from 2013, when was this page last updated, (iii) whose responsibility is it to update this page, (iv) what cases are currently being monitored for potential addition to this page; (e) with respect to cases involving bijuralism and harmonization, (i) in what ways are these made known to the Department, (ii) whose responsibility it is to monitor these cases, (iii), what role does the Federal government play in these cases if a party, (iv) what role does the government play if not a party, (v) who m ...

In order to ensure legal certainty, it is important that the rules implementing the Nagoya Protocol apply only to genetic resources over which States exercise sovereign rights within the scope of Article 15 of the Convention, and to traditional knowledge associated with genetic resources within the scope of the Convention, which are accessed after the entry into force of the Nagoya Protocol for the Union.

3. This Regulation is without prejudice to Member States’ rules on access to genetic resources over which they exercise sovereign rights within the scope of Article 15 of the Convention, and to Member States’ provisions on Article 8(j) of the Convention concerning traditional knowledge associated with genetic resources.

1. This Regulation applies to genetic resources over which States exercise sovereign rights and to traditional knowledge associated with genetic resources that are accessed after the entry into force of the Nagoya Protocol for the Union.

Some of the constitutional rights of First Nations affected by Bill C-27 are as follows: Traditional harvesting rights to be exercised by First Nations members in the parks; conservation issues and overall management of parks; economic rights to be exercised in the parks; spiritual rights to be exercised and protected in the parks; cooperative management, training and employment opportunities; archeological resources, including material ...[+++] culture and burial grounds; and aboriginal title.