Day: September 23, 2018

How Duty to Consult became a Veto

The ever-shifting scope of the constitutional “duty to consult” with aboriginal groups increasingly thwarts development in Canada, including resource projects critical to the country’s economic growth and prosperity. The recent court decision against the Trans Mountain pipeline is the highest-profile recent example. University of Calgary professor emeritus Tom Flanagan tracks the jurisprudence that elevated this legal concept into a de facto aboriginal veto and suggests ways that governments, with the support of pro-development aboriginal groups, could move to clearly define and limit its power.

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