Relationships with Aboriginal People: A Key Component to any Development

- Organization:
- Canadian Institute of Mining, Metallurgy and Petroleum
- Pages:
- 23
- File Size:
- 76 KB
- Publication Date:
- May 1, 2010
Abstract
Applying Legal Concepts - The Crown must consult, and where necessary accommodate, when: - Crown has knowledge, real or constructive, of the potential existence of Aboriginal rights or title and contemplates conduct that might adversely affect it - Duty to consult is triggered at a low threshold - How much consultation necessary? - Proportional to the strength of claim and potential impact - Spectrum: notice to direct involvement in decision making - Not duty to agree or to get consent (no veto) - Reciprocal: Duty requires good faith and sincere engagement on both sides Role of Proponents: Crown may delegate procedural aspects of its legal duty
Citation
APA:
(2010) Relationships with Aboriginal People: A Key Component to any DevelopmentMLA: Relationships with Aboriginal People: A Key Component to any Development. Canadian Institute of Mining, Metallurgy and Petroleum, 2010.