Treaty Promises and the Duty to Consult on Legislation

A legal analysis reveals that the Supreme Court of Canada's dismissal of Mikisew Cree First Nation's claim for a duty to consult on environmental legislation contradicts Treaty 8 promises, potentially undermining Indigenous rights. The study argues that the Court's focus on high-level constitutional principles over Treaty 8's specific provisions could have provided an opportunity to reconcile consultation duties with legislative processes without violating separation of powers or parliamentary sovereignty. While practical and normative challenges exist, Treaty 8 offered a unique context for developing this doctrine in a legally sound manner.

MacDonnell, V., & Hughes, J. (2021). Treaty Promises and the Duty to Consult on Legislation. Revue Générale de Droit, 51, 205. https://doi.org/10.7202/1085793ar