Emerging Challenges on Consultation with Indigenous Communities in the Canadian Provincial North
AbstractThis article examines particular emerging challenges on the workings
of Canada’s duty to consult doctrine in the Canadian Provincial North, focusing
specifically on Northern Saskatchewan as an example. The duty is situated
within a particular set of northern governance issues that are themselves
closely interlinked with a set of Indigenous rights issues. The article ultimately
identifies various challenges as accentuated within the context of the Provincial
North. These include certain technical questions about turning duty to consult
principles into practical policy; larger problems arising from legal uncertainties;
and general challenges to do with the way consultation regimes have
developed in Canada’s legal system differently than in other national systems.
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