"The Crown's Duty to Consult and Accommodate"

Keith B. Bergner

Two Supreme Court of Canada November 2004 landmark decisions provide a preliminary outline of the parameters of the Crown’s duty to consult and, where appropriate, accommodate Aboriginal peoples in circumstances where Aboriginal interests have been asserted, but not proven. The decisions also provide a framework for Aboriginal consultation activity related to potential infringements of Aboriginal rights caused by land and resource development activities. These decisions are also significant for practitioners of administrative law given the Supreme Court’s reliance upon administrative law principles.

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