Testing the Waters: Jurisdictional and Policy Aspects of the Continuing Failure to Remedy Drinking Water Quality on First Nations Reserves

35 Pages Posted: 4 Jul 2012

See all articles by Constance MacIntosh

Constance MacIntosh

Dalhousie University - Schulich School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: 2008

Abstract

This paper considers why, from a policy and legal perspective, there is such a disparity between the water quality on First Nations reserves, and that experienced in the majority of other Canadian communities. This involves engaging with how jurisdictional allocations, governmental policies, statutory or policy-delegated mandates, and operational practices converge. In this discussion, two inter-related tensions emerge. The first is between Aboriginal aspirations to self-govern and community capacity to effectively engage in governance activities. The second is Canada's proper role and responsibilities in resolving the governance/capacity tension, and in resolving the water quality problems.

Keywords: Aboriginal law, water quality, First Nations, reserves

Suggested Citation

MacIntosh, Constance, Testing the Waters: Jurisdictional and Policy Aspects of the Continuing Failure to Remedy Drinking Water Quality on First Nations Reserves (2008). Ottawa Law Review, Vol. 39, No. 1, 2008, Available at SSRN: https://ssrn.com/abstract=2100509

Constance MacIntosh (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
232
Abstract Views
1,033
rank
162,386
PlumX Metrics