Focus On

A tale of two consultations: Top court bolsters Indigenous rights | Richard Pound

Wednesday, August 09, 2017 @ 09:35 AM | By Richard Pound

Recently there were two “companion” cases in which the Supreme Court of Canada considered whether the constitutional duty on the part of the Crown to consult with Aboriginal groups whose Aboriginal property and other rights might be infringed or affected by proposed usage, in these cases, of acknowledged or treaty rights, had been adequately discharged. In unanimous judgments, issued on the same day, the court held that in Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. 2017 SCC 41, the duty to consult was...