DOES THE DUTY TO CONSULT CREATE ECONOMIC UNCERTAINTY? HOW GREATER RECOGNITION OF SELF-DETERMINATION CAN BENEFIT BOTH INDUSTRY AND INDIGENOUS PEOPLES

Abstract

The duty to consult has greatly changed the relationship between Canada's Indigenous peoples and Canada's natural resource sector. By slowly expanding the scope and importance of the duty to consult, the Supreme Court of Canada has done away with twentieth-century norms and processes for resource development, leaving extractive industries rethinking their planning processes and business strategies. Simultaneously, many First Nations1 have experienced stronger recognition of land rights, economic opportunity, and political leverage...