Open AccessThe Evolution of the Duty to Consult
Author(s) -
Alejandro H. González
Publication year - 2020
Publication title -
the university of western ontario journal of legal studies
Language(s) - English
Resource type - Journals
ISSN - 1927-9132
DOI - 10.5206/uwojls.v10i1.10229
Subject(s) - tribunal , appeal , duty , supreme court , political science , agency (philosophy) , subject (documents) , law , indigenous , work (physics) , trace (psycholinguistics) , process (computing) , abandonment (legal) , sociology , engineering , computer science , mechanical engineering , ecology , social science , linguistics , philosophy , library science , biology , operating system
The duty to consult has been the subject of many trials and headlines, yet many still feel as though the consultation process is faulty. Relying on recent caselaw from the Supreme Court of Canada and the Federal Court of Appeal, I trace the evolution of the duty to consult from its inception to the latest major cases. I suggest that the current process can be improved to better engage all parties, (i.e. Crown, regulatory agency, industry proponent, Indigenous peoples), with a stronger emphasis on efficiency and reconciliation. I rely on the work of Matthew Hodgson to further solidify my consultation framework by advancing the idea of a specialized tribunal charged with reviewing the adequacy of consultations.