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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

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To begin a civil lawsuit in federal court , the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant. A plaintiff may seek money to compensate for the damages, or may ask the court to order the defendant to stop the conduct that is causing the harm.

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

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.

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Were you summoned to federal jury service? Each district court summons eligible citizens within the local area. You must contact your local district court website to fill out a Juror Qualifications Questionnaire online or contact your local district court for questions about jury service.

It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems . Discover the differences in structure, judicial selection

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."

Feds in no rush to help Cdn terror suspects.
Feds in no rush to help Cdn terror suspects

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