“The jurisprudence of this Court supports the view that the duty to consult and accommodate is part of a process of fair dealing and reconciliation that begins with the assertion of sovereignty and continues beyond formal claims resolution. Reconciliation is not a final legal remedy in the usual sense. Rather, it is a process flowing from rights guaranteed by s. 35(1) of the Constitution Act, 1982 .” Haida Nation v. British Columbia (Minister of Forests), 2004; para. 32
For Aboriginal Peoples, federal and provincial governments, and resource development proponents, in terms of constitutionally protected Aboriginal rights, the “Crown’s duty to consult Aboriginal Peoples” is considered by many to be a primary foundational legal doctrine. The duty to consult opened the door for Aboriginal Peoples to utilize the courts to implement, exercise, and protect their rights; it provides the framework for Crown conduct in relation to consulting and accommodating Aboriginal and treaty rights; and, it is the basic ingredient for building reconciliation between the Crown and Aboriginal Peoples.
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