Editorial: Failing to consult Indigenous groups and municipalities on projects causes severe legal, financial, and political risks. Meaningful communication is vital to avoid costly delays and backlash.
The words 鈥渄uty to consult鈥 are generally heard in the context of Indigenous treaty rights and resource extraction, but a failure to communicate, let alone consult can cause untold challenges to just about any endeavour.
The duty to consult and, where appropriate, accommodate Indigenous peoples was developed by Canadian courts to protect the existing 鈥淎boriginal and Treaty鈥 rights of Indigenous peoples as affirmed in the Constitution Act of 1982. This applies to federal, provincial and municipal governments.
A failure to consult meaningfully may result in the delay or eventual cancellation of a project. For example, on August 30, 2018, the Federal Court of Appeal overturned the Canadian government鈥檚 approval of the Trans Mountain pipeline expansion project due, in part, to inadequate consultation with Indigenous peoples.
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