Supreme Court dismisses Cree First Nation appeal on duty to consult – BNN Bloomberg

by ahnationtalk on October 11, 20188 Views

Canadian governments don’t have an explicit duty to consult indigenous groups but must nevertheless adequately weigh their historical rights when developing laws, the country’s top court said.

The Supreme Court of Canada unanimously dismissed a key indigenous rights case Thursday in Ottawa on a question of jurisdiction — meaning no existing law was struck down. But the nine judges were divided in their views on the details of the subject matter.

While the court ruled that governments have no explicit requirement to consult indigenous communities in drafting legislation, it said they must still act with “honor” or risk seeing their laws struck down. The split decision is the latest to flesh out Canada’s emerging legal landscape on indigenous rights, but it is neither a final step nor a clear road map.

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