Commentary
For a decade, the federal government allowed one of the most damaging misconceptions in Canadian economic policy to take root: that indigenous consultation means indigenous consent and that consent effectively means a veto over major projects. That was never the law, but Justin Trudeau’s Liberals behaved and spoke in ways that allowed Canadians, investors, and indigenous communities to wonder whether it was.
Canadian constitutional law establishes a duty to consult indigenous peoples when contemplated government action may adversely affect aboriginal or treaty rights. Depending on the circumstances, governments may also have a duty to accommodate legitimate concerns. Those are serious constitutional obligations, but consultation is not consent, and consultation is not a veto….