Duty to Consult

In 2004 and 2005, the Supreme Court of Canada (SCC) handed down three (3) landmark decisions that found the Crown (both provincial and federal) has a duty to consult with Aboriginal peoples regarding decisions, or taking actions, that might adversely affect their established or potential Aboriginal rights and Treaty rights (Haida, 2004; Taku, 2004; Mikisew Cree, 2005). In response, the governments of Nova Scotia and Canada, and the Mi’kmaq have agreed to follow a Consultation Terms of Reference that clearly lays out a process for Crown consultation with the Mi’kmaq.

The Terms of Reference can be found at: