From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult
Canadian Bar Review, Vol. 29, p. 252, 2000
14 Pages Posted: 4 May 2010
Date Written: 2000
The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional competence of the judiciary by excessive litigation of disputes, and instead to attempt to reach negotiated settlements. It has also held that the Crown is under a duty to consult with a First Nation when it proposes to engage in an action that threatens to interfere with existing Aboriginal or treaty rights recognized and affirmed by s. 35(1) of the Constitution Act, 1982. In this Article, the authors argue that the duty to consult requires the Crown, in most cases, to make good faith efforts to negotiate an agreement specifying the rights of the parties when it seeks to engage in an action that adversely affects Aboriginal interests.
Keywords: constitutional law, aboriginal rights, duty to consult
JEL Classification: K10, K19
Suggested Citation: Suggested Citation