You can use your smart phone to browse stories in the comfort of your hand. Simply browse this site on your smart phone.

    Using an RSS Reader you can access most recent stories and other feeds posted on this network.

    SNetwork Recent Stories

No duty to consult Indigenous groups on federal law making, Supreme Court says – CP

by ahnationtalk on October 11, 201811 Views

Source: The Canadian Press
Oct 11, 2018 

OTTAWA _ The Supreme Court of Canada says federal ministers do not have a duty to consult Indigenous groups when drafting legislation.

In a decision today involving an Alberta First Nation, a majority of the high court said the law-making process does not amount to Crown conduct that triggers the deeply entrenched duty to confer with Indigenous Peoples.

The Mikisew Cree argued that the former Conservative government should have consulted them on legislative proposals that would affect their treaty rights.

In 2012, the government introduced two omnibus bills proposing changes to Canada’s environmental protection and regulatory processes.

A Federal Court judge said there was a duty to consult the Mikisew because the proposals would arguably affect fishing, trapping and navigation.

The Federal Court of Appeal overturned the ruling, saying that including the duty to consult in the legislative process offends the doctrine of the separation of powers and the principle of parliamentary privilege.

INDEX: ENVIRONMENT NATIONAL JUSTICE POLITICS

Send To Friend Email Print Story

Comments are closed.

NationTalk Partners & Sponsors Learn More