Does the non-binding preliminary decision of a Minister of Justice have a duty to consult?
Canada (Federal), Canada
The following excerpt is from Enge v. Canada (Indigenous and Northern Affairs), 2017 FC 932 (CanLII):
Indeed, the case law shows that the non-binding nature of preliminary decisions does not necessarily mean that there can be no duty to consult. For example, in Dene Tha’ First Nation v. Canada (Minister of Environment), 2006 FC 1354, 303 F.T.R. 106, negotiations leading to a non-binding Cooperation Plan nonetheless triggered a duty to consult that fell at the high end of the consultation spectrum.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is the panel’s decision that a Minister of Justice should not be allowed to appoint a Minister for Employment and Immigration (e.g. Minister of Work and Pensions) to the Minister of Employment and Training (Employment), or is the panel's decision patently unreasonable? (Canada (Federal), Canada)
Does a Minister's Minister of Employment and Immigration (Minister of Employment & Immigration) need to be appointed a Minister of Justice? (Canada (Federal), Canada)
Under what circumstances will the Minister of Employment and Immigration be allowed to continue to be a Minister of Justice in the context of the Minister’s Accessibility Guidelines? (Canada (Federal), Canada)
Can a Minister of Employment and Immigration (minister of employment and immigration) bring a claim against the Minister of Justice for Ministerial Responsibility for Immigration and Refugee Protection Division in a federal civil case? (Canada (Federal), Canada)
Can a Minister of Justice be bound by the result of another decision on refugee status? (Canada (Federal), Canada)
Does the Minister of Justice have the authority to seek a judicial review of a decision made by the Court of Appeal? (Canada (Federal), Canada)
Does the Minister of Fisheries and Marine Affairs have an obligation to consult with the fishing industry before making a decision on a different type of reduction in fishing quotas? (Canada (Federal), Canada)
What are the reasons for a decision by the Minister of Justice to grant an Applicant a conditional discharge for a drug importation offence? (Canada (Federal), Canada)
Is Minister of Justice responsible for Minister of Citizenship and Immigration? (Canada (Federal), Canada)
How have courts dealt with a decision by the Minister of Indian and Northern Affairs that the Minister had illegally removed the Chief of the Long Lake Cree Nation? (Canada (Federal), Canada)
