Duty to Consult does not Apply to all Aboriginal Concerns

It is relatively common knowledge that the government has a “duty to consult” aboriginal groups when undertaking actions or making decisions that could adversely affect aboriginal rights, aboriginal title and treaty rights. It is not, however, always easy to determine whether a government action might have an impact on one of the specific (constitutionally protected) aboriginal interests or is of a more general nature that does not attract a duty to consult.

Link to full submission

Author(s)

Robin M. Junger

Robin M. Junger
Co-Chair | McMillan | Vancouver ...full profile

Joan M. Young

Joan M. Young
Co-Chair, Litigation ,Co-Chair, B.C., Administrative and Public Law | McMillan | Vancouver ...full profile

Ruth Nieuwenhuis

Ruth Nieuwenhuis
Articling student | McMillan | Vancouver ...full profile

Subscribe to our weekly newsletter