What is the test for a constitutional duty to consult in this treaty?
Yukon, Canada
The following excerpt is from Ta’an Kwach’an Council v. Government of Yukon et al, 2008 YKSC 60 (CanLII):
The first issue to be determined is whether a constitutional duty to consult is triggered in this modern treaty as recently established in Little Salmon/Carmacks First Nation v. Yukon (Minister of Energy, Mines and Resources), 2008 YKCA 13 (referred to as “Little Salmon/Carmarks”).
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