What is the Ministrys commitment to consultation?
Ontario is committed to meeting its consultation obligations related to Aboriginal and treaty rights under Section 35 of the Constitution Act, 1982. Several Supreme Court of Canada decisions also guide Ontario’s commitment to consultation. Since the Supreme Court decisions of: • Haida Nation v. BC (Minister of Forests), • Taku River v. BC in November 2004, and • Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage) in November 2005. Aboriginal communities have become an important group to consult with before exploring and developing on Crown lands. Under Haida and Taku, federal and provincial governments have a duty to consult when they have “knowledge, real or constructive, of the potential existence of [an] Aboriginal right or title and contemplates conduct that might adversely affect it.” More information is available in our Draft Guidelines for Ministries on Consultation with Aboriginal People.