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Good News for the Duty to Consult – First Peoples Law

by ahnationtalk on November 19, 2015507 Views

The duty to consult and accommodate isn’t a blunt instrument.

For it to work First Nations and government must be willing to participate in an open process of information sharing and honest listening. They must make good faith attempts to negotiate effective and responsive agreements.

Too often governments fail to live up to their end of the bargain.

Instead of meaningful engagement, they smother First Nations with hollow procedural niceties. Rather than work on solutions, they work on developing their consultation logs.

Most First Nations caught in a duty-to-consult house of mirrors have little recourse. They lack the resources to take governments to court. Those that manage to muster a legal challenge often face another obstacle—judges with a restricted view of government’s obligations to consult and accommodate First Nations.

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