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Article
From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult
Canadian Bar Review 79:1 (2000) pp. 252-279
  • Sonia Lawrence, Osgoode Hall Law School of York University
  • Patrick Macklem
Document Type
Article
Publication Date
1-1-2000
Disciplines
Abstract

The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional competence of the judiciary by excessive litigation of disputes, and instead to attempt to reach negotiated settlements . It has also held that the Crown is under a duty to consult with a First Nation when it proposes to engage in an action that threatens to interfere with existing Aboriginal or treaty rights recognized and affirmed by s. 35(1) of the Constitution Act, 1982. In this Article, the authors argue that the duty to consult requires the Crown, in most cases, to make good faith efforts to negotiate an agreement specifying the rights of the parties when it seeks to engage in an action that adversely affects Aboriginal interests.

Citation Information
Sonia Lawrence and Patrick Macklem. "From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult" Canadian Bar Review 79:1 (2000) pp. 252-279 (2000)
Available at: http://works.bepress.com/sonia_lawrence/11/