The Duty to Consult

In the Haida and Taku cases (both 2004), the Supreme Court of Canada set out a new legal framework – the Crown’s duty to consult and accommodate. This duty flows from the honour of the Crown and s. 35 of the Constitution Act, 1982. This new duty requires governments to consult Indian, Inuit and Métis communities, and to accommodate their interests whenever a Crown actor considers conduct that might adversely affect Aboriginal rights or interests.

New Consultation Guidelines and Policy for Métis Settlements in Alberta (Project Law Blog – Lawson Lundell LLP)