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Sharing the Costs and Benefits of Energy and Resource ActivityLegal Change and Impact on Communities$
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Lila Barrera-Hernández, Barry Barton, Lee Godden, Alastair Lucas, and Anita Rønne

Print publication date: 2016

Print ISBN-13: 9780198767954

Published to Oxford Scholarship Online: June 2016

DOI: 10.1093/acprof:oso/9780198767954.001.0001

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Participatory Rights and Strategic Litigation

Participatory Rights and Strategic Litigation

Benefits Forcing and Endowment Protection in Canadian Natural Resource Development

Chapter:
(p.339) 19 Participatory Rights and Strategic Litigation
Source:
Sharing the Costs and Benefits of Energy and Resource Activity
Author(s):

Alastair R. Lucas

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198767954.003.0019

This chapter is concerned with community benefit forcing in Canada. Canada’s federal constitution poses an obstacle and sometimes a barrier for benefit forcing natural resource regulatory participants. Yet public participation in energy regulatory decisions can have outcomes beyond the process values of transparency and legitimate expectations. Participants seeking compensation in relation to energy and natural resource activities are able to use these proceedings to achieve their goals. Apart from private compensation and benefits, broader public benefits such as water and wildlife protection can also be achieved. The point is that vigorous participation, including potential legal action to enforce participatory rights, is a serious factor for achieving public and private benefits. It provides a strong incentive for experienced natural resource developers and transporters to negotiate and compromise. Participation may thus prompt contractualization.

Keywords:   benefit forcing, Canada, contractualization, participatory rights, strategic litigation, natural resource developers

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