The duty to consult and accommodate has become one of the most important principles of Canadian Aboriginal law. Since Haida Nation v British Columbia (Minister of Forests), the Supreme Court of Canada has sought to clarify the boundaries of consultation to ensure that developments affecting Aboriginal rights proceed with a degree of certainty. It is clear that the Crown bears the responsibility for consultation and a failure to consult may result in overturning or staying decisions of the Crown until consultation has taken place. Such consultation is grounded in the honour of the Crown, which is a core constitutional principle informing all interactions between Aboriginal peoples and the government. However, what happens if an entity that is not the Crown ? a municipality or a private business ? does not consult? If the entity is authorized by statute to act in ways that infringe the rights of Aboriginal people, what will the courts do?
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Categories: Indigenous Rights in Canada