Oct. 5, 2021

Professor published in UBC Law Review

Professor Robert Hamilton has published an article the rights of Indigenous People and the division of powers

"The United Nations Declaration on the Rights of Indigenous Peoples and the Division of Powers: Considering Federal and Provincial Authority in Implementation" analyzes the impact of the constitutional division of powers on implementation efforts. In this, it seeks to provide some clarity about what the federal and provincial governments can hope to achieve in respect of implementation in light of the ambit of their respective constitutional authority. Three preliminary questions give shape to this inquiry: why is there a need for both federal and provincial implementing legislation? What can legislation from each level of government hope to achieve? What will happen if federal and provincial implementation legislation conflict?

Read the article