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When does the ‘duty to consult’ Aboriginal Canadians arise? – Troy Media

Indigenous peoples have endured an accumulated history of denial of their rights and title

VANCOUVER, BC, Oct 15, 2013/ Troy Media/ – When it comes to upholding the honour of the Crown, there is no clean slate. As much as governments may wish otherwise, Indigenous peoples throughout Canada continue to demand recognition of, and redress for, past wrongs. Whether the duty to consult applies to past, existing and ongoing infringements is one of the most important outstanding questions in Aboriginal law.

Across Canada, Indigenous peoples endure the accumulated history of denial of their rights and title. For hundreds of years mines were dug, dams built, roads pushed through without serious consideration of how Aboriginal rights, title and treaty rights were affected. Following the Supreme Court’s 2004 Haida decision, Indigenous peoples began to consider whether the duty to consult and accommodate might open the door for addressing these past, existing and ongoing failures to consult and accommodate.

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