Publications for First Nations Consultation, Negotiation & Accommodation

Latest publications

When major projects are proposed in their territories, rather than treated as governments with decision making authority, the Crown tends to treat First Nations like any other stakeholder in the environmental assessment process.

The duty to consult articulated by the Supreme Court of Canada in Haida Nation v. British Columbia in 2004 continues to play an important and prevalent role in the process of Crown-First Nations reconciliation. This paper discusses the state of the law of consultation in 2013. The authors review and discuss a number of important 2012 cases including Ross River Dena Council v.