CELA student-at-law Maria Lucas wrote a memorandum on the Crown’s duty to consult and accommodate that addressed the following research questions:
- What is the legal framework of the duty to consult and accommodate?
- Are there any notable recent legal developments in the duty to consult and accommodate framework?
- How does Indigenous law influence the duty to consult and accommodate framework?
The research demonstrates that the duty to consult and accommodate (as it had been developed to May 2021) has largely remained the same since the framework’s inception, though there have been some notable recent legal developments. She concludes that the duty to consult is still lacking as a medium through which to achieve reconciliation. This is because the duty is Crown-centric and therefore dismissive of Indigenous law.
To download this memorandum in full, click the following link: Legal Memorandum – Duty to Consult