Government to Government Consultation Toolkit
The Duty to Consult and Accommodate (“the Duty”) makes sure that the government does not ignore the impact their actions or decisions may have on Aboriginal Rights and Title before those rights are established by the courts or through a negotiated process. The Duty is meant to be a short term measure which was created by the Supreme Court of Canada and developed in Canadian law.
Essentially, the Duty focuses on reconciling the systems of law and government of First Nations with the claimed sovereignty of Canada. This reconciliation works best if there is an effective relationship between First Nations and the Crown. However, because the Duty is grounded in Canadian law, there are specific legal obligations which First Nations, the Crown and other parties must follow. This toolkit was developed to provide the legal information necessary for First Nations to meet their obligations and to provide tools and examples from other First Nations to help establish an effective working relationship with the Crown.