POL214Y1 Study Guide - Final Guide: Section Thirty-Five Of The Constitution Act, 1982, Constitution Act, 1982, Fiduciary
12 Mar 2020
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Supreme court established that the crown has a duty to consult indigenous peoples when it intends to act in a manner that may adversely affect potential or established aboriginal or treaty rights. Aboriginal right: third, the crown"s decision or action must have the potential to adversely affect an. Is consent required: the supreme court has specified that the duty to consult and, where appropriate, accommodate does not give indigenous groups a veto over final crown decisions. In such cases, if consent is not given, the only recourse for the crown is to prove that the infringement of the right is justified. 8: the supreme court unanimously rejected the appeal on the basis that the federal court lacked the jurisdiction to review the matter. However, the supreme court was divided on the following questions: whether the legislative process is subject to the duty to consult and accommodate.
