First Peoples Law is dedicated to defending and advancing Indigenous peoples' Aboriginal title, rights and Treaty rights.

Wabauskang asks Court of Appeal to Clarify Province's Treaty Obligations

September 10, 2014

By Bruce McIvor

Wabauskang First Nation has asked the Ontario Court of Appeal to clarify the Province's treaty and duty to consult obligations.

Here's today's press release from Wabauskang and the filed notice of motion for leave to appeal.

As explained in my earlier posts, the issues in the litigation include:

  • to what extent can a province delegate the duty to consult to companies;
  • is there is a duty to consult about asserted Indigenous self-government rights; and
  • is there a duty to consult about asserted First Nation rights to revenue sharing or whether governments can simply rely on the treaty language of 'cede, release and surrender'.


Bruce McIvor is principal of First Peoples Law Corporation.

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