Supreme Court of Canada Confirms Utility of Administrative Law in Aboriginal Consultation Cases


Two recent decisions of the Supreme Court of Canada provide significant insight into the nature and purpose of the Crown’s duty to consult with Aboriginal peoples—what it is, and just as importantly, what it is not—and the interplay of the duty with administrative law principles. 

This article includes case summaries and a discussion of the Supreme Court of Canada’s decisions in Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, 2010 SCC 43; and Beckman v. Little Salmon/Carmacks First Nation, 2010 SCC 53.

This article, written by Chris Sanderson, Q.C. and Michelle Jones, was previously published in the Regulatory Boards and Administrative Law Litigation Journal (Volume X1, No. 3) 2011.

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