Tuesday, March 21, 2023
No Result
View All Result
  • Media
Support Us
Macdonald-Laurier Institute
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
    • Women’s History Month Fundraiser
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Health Care
      • Innovation
      • Justice
      • Social issues
      • Telecoms
    • Energy Policy Program
      • Energy
      • Environment
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Competition Policy in Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Annual Reports
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
    • Women’s History Month Fundraiser
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Health Care
      • Innovation
      • Justice
      • Social issues
      • Telecoms
    • Energy Policy Program
      • Energy
      • Environment
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Competition Policy in Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Annual Reports
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media
No Result
View All Result
Macdonald-Laurier Institute

MLI Report: Confusion over duty to consult obstructing potential benefits for Aboriginal peoples

May 8, 2014
in Aboriginal Canada and Natural Resources, Domestic Policy Program, Dwight Newman, Economic policy, Energy, Indigenous Affairs papers, Indigenous Affairs Program, Latest News, Papers, Releases
Reading Time: 3 mins read
A A

Prof. Dwight Newman debunks myths about the “duty to consult” and finds opportunities for government, Aboriginal peoples and industry to work together

OTTAWA, May 8, 2014 – Few Aboriginal issues have been as greatly misunderstood as the constitutional “duty to consult” doctrine.

Some feel the principle that requires governments to consult with Aboriginal groups before implementing decisions that might affect them gives First Nations a veto power over government policies. Others contend that the doctrine is meaningless because governments have the power to go ahead and approve projects anyways. These interpretations are not only incorrect, they also hold these groups back from capitalizing on Canada’s potential, according to a new report from the Macdonald-Laurier Institute titled “The Rule and the Role of Law: The duty to consult, Aboriginal communities, and the Canadian natural resource sector”.

The report, by Canada Research Chair in Indigenous Rights in Constitutional and International law Dwight Newman, argues that governments, Aboriginals and businesses should use the doctrine as a mechanism to work collaboratively on natural resource development.

“Canada’s massive resource potential, and its potential to contribute to Aboriginal Canadians, should not be squandered by allowing loud voices to dominate discussions while trading in misunderstandings”, he writes.

One of the main issues plaguing the duty to consult, which first came into effect as a result of a Supreme Court decision a decade ago, is the confusion over how it affects policy decisions. Many feel that Aboriginal groups will wield a narrow interpretation of the case law built up around the doctrine to consistently block resource development, highlighting disputes such as anti-fracking protests in New Brunswick or legal confrontations over the Ring of Fire in Ontario. That’s despite the fact that many Aboriginals, such as members of the Fort McKay First Nation in Alberta, have expressed a desire to participate in resource development as long as their interests are represented.

Newman argues that governments, Aboriginals and businesses should use the doctrine as a “lever” that causes them “to come to an agreement over resource projects that benefit all parties”. This means interpreting the duty to consult in less technical ways. History has shown that narrow interpretations of the doctrine aren’t particularly beneficial, he says. “Those who attempt to draw upon the spirit of the duty to consult may well attain better outcomes than those who attempt to follow the letter of the law”, Newman writes.

The courts also have a responsibility for ensuring that the doctrine functions smoothly, Newman argues. He believes that judges need to be very cautious in expanding the duty to consult because that will limit governments’ flexibility in implementing policies, such as approving energy pipelines, that affect Aboriginal communities. He also cautions that extending the duty to consult to drafting legislation, especially at the federal level with more than 600 First Nations, Inuit and Métis communities potentially impacted, would seriously complicate law making and have unintended consequences that may actually work counter to its purpose of improving life for Aboriginal Canadians.

A proper understanding of the duty to consult has grown in importance since Shawn Atleo’s resignation as the chief of the Assembly of First Nations last week. Divisions within Aboriginal communities, such as the varying opinions on education issues within the AFN that caused him to step down, will potentially make it more difficult for governments to carry out their duty to consult in the future.

“The prospect of the kind of less coherent approach to consultation urged by more radical voices carries serious risks of blocking important, badly needed reforms that are in the interests of First Nations children”, wrote Newman in an op-ed published in the Globe and Mail earlier this week.

# # #

Dwight Newman is the Canada Research Chair in Indigenous Rights in Constitutional and International law at the University of Saskatchewan. His new book, Revisiting the Duty to Consult Aboriginal Peoples, is set to be released by Purich Publishing in May.

The Macdonald-Laurier Institute is the only non-partisan, independent national public policy think tank in Ottawa focusing on the full range of issues that fall under the jurisdiction of the federal government.

For more information, please contact Mark Brownlee, communications manager, at 613-482-8327 x. 105 or email at mark.brownlee@macdonaldlaurier.ca. On Twitter @MLInstitute

Tags: Aboriginal Affairsduty to consultDwight NewmanMacdonald-LaurierMLI
Previous Post

Coates on CBC’s Maritime Noon to discuss the cost of university education

Next Post

Coates in the Globe: Youth need defined strategy to chart course for middle class

Related Posts

Oaths, trust and Canadian democracy: Stephen Van Dine and Karl Salgo for Inside Policy
Inside Policy

Oaths, trust and Canadian democracy: Stephen Van Dine and Karl Salgo for Inside Policy

March 17, 2023
Preparing for the Foreign Threats to Canadian Democracy: Straight Talk with Richard Fadden
Inside Policy

Canada and Japan’s common miscalculation in cyberspace: Koichiro Komiyama for Inside Policy

March 15, 2023
Defending against foreign interference in our elections: Marcus Kolga for Inside Policy
Columns

As Ottawa balks at an election interference inquiry, public trust in our democracy is draining away: Marcus Kolga in the Globe and Mail

March 15, 2023
Next Post

Coates in the Globe: Youth need defined strategy to chart course for middle class

Macdonald-Laurier Institute

323 Chapel Street, Suite #300
Ottawa, Ontario
K1N 7Z2 Canada

613.482.8327

info@macdonaldlaurier.ca
MLI directory

Follow us on

Newsletter Signup

Support Us

Support the Macdonald-Laurier Institute to help ensure that Canada is one of the best governed countries in the world. Click below to learn more or become a sponsor.

Support Us

Inside Policy Magazine

  • Current Issue
  • Back Issues
  • Advertising
  • Inside Policy Blog
  • Privacy Policy

© 2021 Macdonald-Laurier Institute. All Rights reserved.

No Result
View All Result
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
    • Women’s History Month Fundraiser
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Health Care
      • Innovation
      • Justice
      • Social issues
      • Telecoms
    • Energy Policy Program
      • Energy
      • Environment
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Competition Policy in Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Annual Reports
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media

© 2021 Macdonald-Laurier Institute. All Rights reserved.