Tagged: duty to consult

Duty to Consult, Honour of the Crown, and Legislatures – An Unclear Way Forward for Indigenous Communities in Mikisew Cree First Nation v Canada (Governor General in Council)

The recent decision Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40, resulted in a divided Supreme Court of Canada (“SCC”), and an unclear way forward...

Sailing in Uncharted Waters: The Duty to Consult for Administrative Tribunals

The duty to consult is a constitutional obligation grounded in the honour of the Crown and entrenched in section 35 of our Constitution. This duty arises whenever conduct may adversely...