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Case Summary- Mikisew Cree v Canada 2005

By: Shared Path Consultation Initiative

Tags: duty to consult and accommodate, consultation, law, aboriginal,


This is a case summary of Mikisew Cree First Nation v Canada (Minister of Canadian Heritage), 2005 SCC 69. This decision is significant because the duty to consult and accommodate was developed through the course of several cases that centred on title claims and the exercise of Aboriginal rights where there are no treaties. The decision in Mikisew Cree confirms that the Crown’s duty to consult and accommodate applies to treaty rights and on treaty lands.

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