Consultation Requirements in the Post-Treaty Context

14.5.06
Keith B. Bergner

A review of the Courts’ approach to the concepts of consultation, accommodation, and justification in the post-treaty context. This consideration will begin with the numbered treaties and then compare the approach to consultation that appears to be reflected in modern land claims agreements and treaties, including the various agreements-in-principle currently under negotiation under the auspices of the British Columbia Treaty Commission. Essentially, the issue under consideration is how, and to what extent, the concepts of consultation, accommodation and justification may continue to apply with respect to land and resource decisions on Crown land in the post-treaty context.