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The Duty to Consult at the Supreme Court in 2017: Part 2 – Accommodation – First Peoples Law

January 18, 2018

This is the second part of my review of the development of the duty to consult at the Supreme Court of Canada in 2017. In Part 1 I outlined the Court’s principles underlying the delegation of the duty to administrative tribunals and considered potential implications. Below, I consider the issue of accommodation.

Background

Accommodation is the Achilles’ heel of the duty to consult. First Nations’ frustration with the duty to consult is due to their first-hand experience with endless talk and little action. As long as meaningful accommodation remains elusive and only approached through sustained and dogged effort on the part of First Nations, the duty to consult will continue to sow frustration and cynicism.

Read More: https://www.firstpeopleslaw.com/index/articles/339.php

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