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Consultation and Accommodation Update

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. Government of YukonSambaa K’e Dene Band v. DuncanAdams Lake Indian Band v. Lieutenant Governor in CouncilNeskonlith Indian Band v. Salmon Arm, and Halalt First Nation v. British Columbia. The authors also discusses emerging issues in the law of consultation including the duty to consult regarding legislation and orders in council, and the role of a strength of claim assessment in the discharge of the duty to consult.

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