Canadian courts have recently begun to recognize a "duty to consult" Aboriginal peoples in respect of government decisions that may affect their rights. Precisely when this duty is triggered, and against which organs of government, is an important question. In Hupacasath First Nation v. Canada (Foreign Affairs), 2013 FC 900, the claim was that the duty applied to the ratification of an international treaty -- an issue usually considered beyond the pale as far as judicial review is concerned.
Showing posts with label 2013 FC 900. Show all posts
Showing posts with label 2013 FC 900. Show all posts
Friday, 6 September 2013
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