Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage) [2005] 3 SCR 388

Treaty 8 (1899) contains a provision guaranteeing the hunting, trapping, and fishing rights of the Indigenous parties, except on lands "taken up from time to time for settlement, mining, lumbering, trading or other purposes." The Court held that, in taking up land for construction of a winter road in Wood Buffalo National Park in northern Alberta, the honour of the Crown required the Canadian government to consult with and accommodate the interests of the Mikisew Cree whose hunting and trapping rights would be affected. This important decision extended the duty to consult by making it a procedural requirement where treaty rights are concerned.