Indigenous Peoples and the Law – Aboriginal Rights


Session: Indigenous Peoples and the Law

Topic: Aboriginal Rights

Sub Topic: Independent Third Parties and Crown’s Duty to Consult

Recommended time: 45 Minutes (10 minutes reading time)

Score: 25 Marks

Author: Manuel Akinshola

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This question relates to the Crown’s duty to consult Aboriginal peoples but from a different perspective, viz: there are certain situations where an independent third party may be taken to have undertaken consultation which the Crown can rely upon as the fulfillment of its own duty. This third party could be an agency, a commission or tribunal set up by the Crown. The law is that once the consultation undertaken by that independent 3rd party meets with the required standards, then the Crown will be taken as having fulfilled its duty to consult.

However, two requirements must be met before the consultation by the third party will even be considered as sufficient at all.They are discussed in the sample answer.

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