Wabauskang asks Court of Appeal to Clarify Province's Treaty Obligations
By Bruce McIvor
Wabauskang First Nation has asked the Ontario Court of Appeal to clarify the Province's treaty and duty to consult obligations.
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.
For more First Peoples Law comments see our publications page