The Crown’s duty to consult with First Nations ...

• Main Author: Chartier, Mélanie
• Format: Text
• Language: English
• Published: University of British Columbia 2009
• Subjects: First Nations
• Online Access: https://dx.doi.org/10.14288/1.0077593; https://doi.library.ubc.ca/10.14288/1.0077593

The Crown has fiduciary obligations to First Nations and must act in consequence. One of this consequence is that the Crown has a duty to consult with aboriginal peoples when it infringes aboriginal or treaty right. The thesis deals with the principles related to the Crown's duty to consult with First Nations. I elaborate on principles established by the courts and also on questions that remain unanswered to date. Those questions include when, how and with whom the consultation should be done. I also examine the situation in New Zealand, where the consultation process is a little more advanced than here in Canada and compare the principles elaborated by New Zealand courts with those existing in Canada. From the New Zealand experience, I suggest consultation guidelines to be used in Canada by the Crown and its representatives. ...