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Environment • Aboriginal • Energy


February 22, 2017

Is There a Duty to Consult on Legislation? SCC May Decide

This week the SCC received an application to hear an appeal of the Federal Court of Appeal ("FCA") decision in Canada (Governor General In Council) v Courtoreille ("Courtoreille").  The FCA allowed the appeal from the lower court decision and held that the Crown does not have a duty to consult when "contemplating changes to legislation that may adversely impact treaty rights."  This decision engages well established democratic principles, Constitutional rights, the development of Aboriginal Law and the duty to consult.

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