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.

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;‚Äč
  • 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, lawyer and historian, is principal of First Peoples Law Corporation. He is also an Adjunct Professor at the University of British Columbia’s Allard School of Law where he teaches the constitutional law of Aboriginal and Treaty rights. Bruce is a proud Métis from the Red River in Manitoba. He holds a Ph.D. in Aboriginal and environmental history and is a Fulbright Scholar. A member of the bar in British Columbia and Ontario, Bruce is recognized nationally and internationally as a leading practitioner of Aboriginal law in Canada.

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