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Subject: Aboriginal rights Departments: Faculty of Law

  • Recognized but Infringed

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    Spring 2021

    Pentland, Eric L

    In Mikisew Cree First Nation v Canada, 2018 SCC 40 a majority of the Justices on the Court agreed that the duty to consult does not arise in the legislative process. Running up against the limit of consultation the Justices turned to consider whether the doctrine of justified infringement, which...

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