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No Duty to Consult Indigenous Groups on Legislation – Mikisew Cree First Nation v. Canada (Governor General in Council)

The Supreme Court of Canada has ruled in Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40  that there is no duty to consult Indigenous groups at any stage of the law-making process.  This is an important ruling as the recognition of a justiciable duty to consult in the legislative process would have had very significant implications for the ability of federal, provincial, and territorial governments to pass laws in a timely way. Bryn Gray, Brandon Kain and Stephanie Axmann have written about this important case in this post on our sister blog, Canadian ERA Perspectives.



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