Background Paper: The Duty to Consult Indigenous Peoples


This paper examines the origins and evolution through the courts of the duty to consult. It first provides background information on the duty to consult. It then discusses, at a more practical level, who is involved in consultations, how and when the duty is engaged, the scope and requirements of consultation and accommodation and the circumstances in which consent is required. It further examines whether the duty to consult applies in the context of legislative processes. .It concludes by providing information and guidelines that have been developed and updated by Indigenous communities and organizations and federal/provincial governments in response to emerging case law and that inform the implementation of the duty to consult.

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