People: Jill Dougherty

Duty to consult with First Nations: A municipal obligation?

The Canadian federal government and all provincial governments have a duty to consult with the First Nations before taking any steps that may infringe on aboriginal or treaty rights which are claimed or have been established. The case law on this point is clear. What isn’t so clear is whether the duty to consult with the First Nations applies to municipalities when making land-use or other decisions that may impact these rights.