The Crown’s duty to consult with First Nations

• Main Author: Chartier, Mélanie
• Format: Text
• Language: unknown
• Published: Allard Research Commons 2009
• Subjects: First Nations > Canada > Government relations; First Nations > Legal status; laws; etc. > Canada.; Indigenous peoples > Canada > Government relations; Maori (New Zealand people) > Government; Canada; New Zealand; First Nations
• Online Access: https://commons.allard.ubc.ca/theses/251; https://open.library.ubc.ca/cIRcle/collections/ubctheses/24/items/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.