Let Indigenous treaties not the duty to consult lead us to reconciliation

By Alexandra Flynn, University of Toronto and Clara MacCallum Fraser, York University, Canada THE CANADIAN PRESS Should governments have a duty to consult First Nations when they craft laws affecting Indigenous and treaty rights? The Mikisew Cree First Nation recently argued yes, that the duty to consult should apply to not-yet-passed legislation that affects their rights to hunt, trap and fish on the land. In October 2018, the Supreme Court of Canada denied the Mikisew’s claim in a complex judgment. All of the justices agreed that the court could not review the actions of elected ministers before a law was passed. Even so, five justices said the “honour of the Crown” was involved at the law-making stage. What does it all mean? In a trilogy of cases involving Haida Nation,…

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