What does the duty to consult look like? There’s no legal definition of what needs to happen to be able to call something consultation, so what does it look like in B.C. right now? Has it changed in the last 10 years? What do legal, political and Indigenous scholars say about the duty to consult?
What I’ve heard from at least one chief in northern BC (part of Treaty 8) is that consultation is so inadequate, he feels it would be better not be in a Treaty. Because A) they don’t have resources to review the amount of files sent to them for consultation, and B) even when they respond to the files, the government doesn’t seem obligated to address the response, but can issue permits with no adjustment.
I also want to address the critique from
What I’ve heard from at least one chief in northern BC (part of Treaty 8) is that consultation is so inadequate, he feels it would be better not be in a Treaty. Because A) they don’t have resources to review the amount of files sent to them for consultation, and B) even when they respond to the files, the government doesn’t seem obligated to address the response, but can issue permits with no adjustment.
I also want to address the critique from