What is the current state of the law on the requirement to consult with Aboriginal peoples?
Nova Scotia, Canada
The following excerpt is from R. v Martin, 2018 NSSC 141 (CanLII):
The requirement to consult Aboriginal peoples first emerged as a constitutional obligation in Guerin v. The Queen, 1984 CanLII 25 (SCC), [1984] 2 S.C.R. 335). At its inception, it was a factor going to the determination of whether an Aboriginal right was infringed.
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