Duty To Consult Essay

A presentation made by Bill Taylor was easy to understand and his topic was The Duty to Consult and Accommodate in Natural Resource Development. He spoke about the role of the Supreme court, Aboriginal and treaty rights, the Crown and consolation and accommodation. The role of the supreme court is based to create law through court decisions rather than through legislation or regulation and this is known as case law. Another role is the responsibility for deciding the “constitutionally” of laws in Canada and to strike down any laws that are not consistent with the Constitution Act. Next subtopic he spoke about was being Aboriginal rights which are “practice, custom or tradition integral to distinctive culture” meaning right to hunt, fish and …show more content…
He spoke about Duty to consult, Aboriginal rights and mentioned few case studies. Duty to consult was somewhat connected to mapping because Karen spoke about consultation in that class. It is important for companies to consult with Aboriginal peoples and tell them what they plan on doing. The companies would need to meet Aboriginal peoples needs/ requirement or if they do not give permission for the company to carry out their plan. I learnt about Aboriginal rights in class and The Supreme Court of Canada stated, “Aboriginal rights as modern exercise of practice, custom or traditional integral to the distinctive culture of the Aboriginal group claiming the right.” We learnt about three different types of right which are specific rights, generic rights and treaty rights. Specific right is a right held by an individual Aboriginal group such as Musqueam Band had an existing Aboriginal right to fish in Vancouver, Bc. Generic rights are held by all Aboriginal peoples across Canada such one can practice their own culture and customs. Treaty rights are held by signatories to treaties. Treaty rights and similar to Aboriginal right, but also different because it would depend on treaties that still in