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Who speaks for whom? Implementing the Crown's duty to consult in the case of divided Aboriginal political structures
Author(s) -
Peach Ian
Publication year - 2016
Publication title -
canadian public administration
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.361
H-Index - 26
eISSN - 1754-7121
pISSN - 0008-4840
DOI - 10.1111/capa.12150
Subject(s) - duty , jurisprudence , government (linguistics) , crown (dentistry) , supreme court , law , politics , political science , medicine , philosophy , linguistics , dentistry
The Supreme Court of Canada has determined that the Crown has a duty to consult Aboriginal peoples on government decisions that may adversely affect their rights, but the Court did not define who the Crown should consult on behalf of Aboriginal people when two or more groups claim the right to speak for them. For government officials attempting to fulfil the Crown's duty, this can create challenges. This article reviews the jurisprudence and scholarly commentary to provide some guidance to government officials on how to effectively implement the Crown's duty to consult as a practical matter of public administration.