On November 18, 2004, the Supreme Court of Canada rendered two decisions concerning the obligation of consultation of First Nations and the duty to accommodate their interest. In Taku River Tlingit First Nation v. Tulsequa Chief Mine Project,  S.C.C. 74 and Haida Nation v. British Columbia  S.C.C. 73, the Supreme Court of Canada declared that the Crown has a duty to consult and accommodate in cases where Aboriginal title and rights have not been proved in court. The obligation of consultation and the duty to accommodate are based on the protection of ancestral right specified in section 35(1) of the Constitution Act of 1982.
When Does The Government Have To Consult Us?
Canada and Quebec have a constitutional duty to consult and accommodate First Nations before taking actions that may affect First Nation interests. This includes: modification or adoption of legislation, policy-making, planning processes, modification or adoption of resource allocation regimes and the approval of specific projects of resource allocations. Basically, the government must consult with us because it will impact us socially, economically or culturally.
Furthermore, in Haida, the court found that the province had a duty to consult with First Nation at the strategic planning stage. First Nations must be involved in the decision-making at the higher level where fundamental resource allocations are made. An example of this would be to not only have a say where and how the trees will be cut, but have a say in the total volume cut over an area.
What Is The Government Required To Do?
This duty requires that Canada and Quebec:
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