Canada: Court sides with feds on 'duty to consult' - PressFrom - Canada
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Canada Court sides with feds on 'duty to consult'

17:26  11 october  2018
17:26  11 october  2018 Source:   msn.com

Supreme Court rules Ottawa has no duty to consult with Indigenous Peoples before drafting laws

  Supreme Court rules Ottawa has no duty to consult with Indigenous Peoples before drafting laws The Supreme Court of Canada has ruled Canada's lawmakers do not have a duty to consult with Indigenous Peoples before introducing legislation in Parliament that may affect Aboriginal and treaty rights, a decision that will be welcomed by the federal government, which argued such an obligation would be far too onerous. In its 7-2 decision, the top court has ruled against the Mikisew First Nation.

A Federal Court judge said there was a duty to consult the Mikisew because the proposals would arguably affect fishing, trapping and navigation. Federal Court affirms regulatory process may satisfy duty to consult - www.lexology.com. On May 12, 2009 the Federal Court rendered its decision in

"The duty to consult is ill-suited for legislative action. It is rarely appropriate for courts to scrutinize the law-making process, which includes the development Moreover, in a unanimous ruling, the top court said the Federal Court , which initially sided with the Mikisew, did not have the jurisdiction to rule on

OTTAWA - The Supreme Court of Canada says federal ministers do not have a duty to consult Indigenous groups when drafting legislation.

In a decision today involving an Alberta First Nation, a majority of the high court said the law-making process does not amount to Crown conduct that triggers the deeply entrenched duty to confer with Indigenous Peoples.

The statue of Veritas (Truth) is shown in front of the Supreme Court of Canada in Ottawa on Wednesday, May 23, 2018. The Supreme Court of Canada says federal ministers do not have a duty to consult Indigenous groups when drafting legislation. THE CANADIAN PRESS/Sean Kilpatrick © Provided by thecanadianpress.com The statue of Veritas (Truth) is shown in front of the Supreme Court of Canada in Ottawa on Wednesday, May 23, 2018. The Supreme Court of Canada says federal ministers do not have a duty to consult Indigenous groups when drafting legislation. THE CANADIAN PRESS/Sean Kilpatrick

The ruling helps clarify the steps the federal government must take — and when — in upholding the Crown's obligation to act honourably in its dealings with Indigenous groups.

Supreme Court to rule on Indigenous rights case that could have sweeping implications for Parliament

  Supreme Court to rule on Indigenous rights case that could have sweeping implications for Parliament Supreme Court to rule on Indigenous rights case that could have sweeping implications for ParliamentThe Mikisew Cree First Nation, a band in northern Alberta, is appealing a ruling from the Federal Court of Appeal that said there is no obligation for cabinet ministers to consult with First Nations peoples before introducing legislation that may have an impact on their constitutionally protected Aboriginal and treaty rights.

OTTAWA— Federal ministers drafting legislation do not have a duty to consult Indigenous groups, the Supreme Court of Canada ruled Thursday. In a decision involving an Alberta First Nation, a majority of the high court said law-making does not amount to Crown conduct that triggers the deeply

In the Federal Court Trial Division, Justice Hughes rejected the majority of the Mikisew Cree’s arguments. However, he still found that certain provisions of the Navigation Protection Act and the Fisheries Act triggered the duty to consult . As a result, Justice Hughes found that the federal

The Mikisew Cree argued that the former Conservative government should have consulted them on legislative proposals that would affect their treaty rights.

In 2012, the government introduced two omnibus bills proposing changes to Canada's environmental protection and regulatory processes.

Bills C-38 and C-45 amended the Fisheries Act, the Species At Risk Act, the Navigable Waters Protection Act and updated the Canadian Environmental Assessment Act.

A Federal Court judge said there was a duty to consult the Mikisew because the proposals would arguably affect fishing, trapping and navigation.

The Federal Court of Appeal overturned the ruling, saying that including the duty to consult in the legislative process offends the doctrine of the separation of powers and the principle of parliamentary privilege.

Seven Supreme Court justices concluded there was no obligation to consult during the law-making process, but they did not uniformly agree on the reasons.

Writing on behalf of herself and two others, Justice Andromache Karakatsanis said the development of legislation by ministers is generally protected from oversight by the courts.

"Long-standing constitutional principles underlie this reluctance to supervise the law-making process," she said in her reasons.

"Recognizing that a duty to consult applies during the law-making process may require courts to improperly trespass onto the legislature's domain."

New free trade deal with U.S. will see Canada's duty-free limit raised to $150 from $20 .
Retailers say they are OK with new trade rules that will allow Canadians to buy more from the United States duty free — because dire alternatives that would have been worse never came to pass. One aspect of the new U.S.-Mexico-Canada Agreement announced over the weekend is an increase in the so-called de minimis threshold for duty free shopping — the amount that Canadians can buy from a store in the U.S. and import to Canada without having to pay a duty.Under the old rules, Canada's limit was $20 That's a fraction of the U.S. level of $800, a discrepancy that American trade officials were pressuring Canada to fix.

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