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Last fall, the Supreme Court of Canada (in the Haida and Taku River decisions) provided its first significant pronouncements on the nature and content of the Crown’s duty to consult with and, where appropriate, accommodate Aboriginal peoples prior to making decisions that might adversely impact Aboriginal or treaty rights. In Haida and Taku River, the Supreme Court defined this duty in the context of asserted but unproven Aboriginal rights. On November 24, 2005, the Supreme Court released its second significant ruling on this issue in Mikisew Cree First Nation v. Canada. In this decision, the Supreme Court examined consultation and accommodation duties in the context of historical treaty rights.
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