What does the duty to consult First Nations, Inuit and Métis mean? – CBC

Feb 15, 2024

And why some advocates say Canada needs to move from consultation to consent

You’ve probably heard the phrase duty to consult, or failure to consult, when it comes to governments and their relationships with First Nations, Inuit and Métis.

But what does it actually mean?

Stemming from three Supreme Court of Canada decisions in 2004 and 2005, it’s a legal obligation of the Crown to consult and, where appropriate, accommodate Indigenous Peoples before decisions are made that may infringe on Aboriginal and treaty rights.

The requirement applies to the federal, provincial and territorial governments and encompasses a wide range of government activities from regulatory review boards to licensing and permits but is most apparent on projects with impacts on the environment and Indigenous Peoples’ access to land, water and resources.

“For the past 15 years, we have provinces and the federal government sort of scrambling to figure out what this means,” said Hayden King, executive director of the Yellowhead Institute and a member of Beausoleil First Nation in Ontario.