Crown Consultation and Practices Across Canada

Maria Morellato
While significant progress has been made in some jurisdictions in Canada, there continues to be a marked discrepancy between what is required of the Crown at law and how the Crown’s duty to consult and accommodate is actually being exercised. This discrepancy becomes particularly apparent upon a review and analysis of the various Crown consultation and accommodation policies developed to date in Canada. The publication is intended to function as a framework for discussion rather than a comprehensive or prescriptive analysis. Much thinking needs to be done, ideally on a collaborative basis between the Crown and First Nations, concerning what tangible steps can be taken in order to implement necessary change.