Was the Duty to Consult Met? Sample Clauses

Was the Duty to Consult Met?. [47] Because he found that the Minister had correctly determined the right which triggered the duty to consult and the scope of that duty, the Judge then addressed the issue of whether the process of consultation and accommodation implemented by the Minister was reasonable. After reviewing the evidence and the authorities, he concluded that “the Minister’s decision to proceed without 2008 FCA 212 (CanLII) waiting for bilateral consultations with the applicants to conclude was justified, and did not constitute a failure to abide by his duty to consult with the applicants” (Judge’s Reasons, para. 66). [48] More particularly, the Judge first dealt with the period during which the Reform Proposal was being developed. He concluded that during this period, bilateral consultations were not required and that the multilateral process through the CGIAC was sufficient to satisfy the Minister’s duty. With respect to the period during which the reform proposal was put forward for discussion by the Minister, the Judge found that notwithstanding the fact that bilateral consultations with the appellants had not run their full course, the Minister had nonetheless fulfilled his duty to consult. In so concluding, the Judge observed that the appellants’ conduct was responsible for some of the delays which had prevented the bilateral consultation process from concluding prior to the Minister’s decision. [49] The determination of whether the Minister’s duty to consult and accommodate is reasonable depends essentially on the scope of the duty to consult. Where the scope of the duty is located at the lower end of the spectrum, as here, the respondent’s duty may possibly be limited to giving notice of its intended action, disclosing information and discussing issues raised in response to the notice. [50] In the present matter, there can be no doubt, in my view, that the respondent clearly demonstrated an intention of substantially addressing Aboriginal concerns through a meaningful process of consultation. I can see no basis to disagree with the Judge’s finding that the Minister provided the appellants with sufficient opportunities to participate in the process. The Judge also 2008 FCA 212 (CanLII) found, and I see no reason to disagree with his view, that the appellants were partly to blame for the delays which occurred during the course of the consultation process. [51] In X. x. Xxxxxxx, 2007 BCCA 265, leave to appeal to S.C.C. refused, [2007] S.C.C.A. No. 352 (QL), the British ...
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