The duty to consult is a legal obligation of the Crown to consult and, where appropriate, accommodate Indigenous Peoples before decisions are made that may infringe on Aboriginal and treaty rights.The phrase duty to consult has appeared in countless news headlines regarding governments' relationship with First Nations, Inuit and Métis.
"It's pretty remarkable that after 15 years, we still don't have a standardized consultation process," said King. Crown-Indigenous Relations and Northern Affairs Canada updated guidelines for federal official to fulfill the duty to consult in 2011. "As long as follow the process, tick all the boxes, a court is going to decide in their favour."McIvor said Canada needs to move toward consent, which has been affirmed in multiple cases by the Supreme Court of Canada.
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