Ab Law Contact Info:

Eric Hovius, J.D. *
Lawyer/Negotiator
Eric.Hovius@Ab-Law.ca
905-560-0070

647-825-6725

Cambridge, Ontario

*Member of the Law societies of Saskatchewan and Upper Canada (Ontario); Graduate of the University of Toronto and the University of Saskatchewan.

 

 


 

 

Click Here for more information or call Ab Law Professional Corporation at 905-560-0070. 


  • It is a Forward-Looking Process

    The duty to consult and accommodate is a forward-looking process that has been designed to minimize the impact of projects, whether undertaken by the Crown or approved by the Crown.

  • Duty to Consult - Thinking it Forward

    "The duty to consult and accommodate is designed to change the nature of the relationship between Aboriginal peoples, the Crown and in fact every Canadian, by chipping away at the slow-moving and often adversarial nature of the current process." 

  • Information for Municipalities

     
    By utilizing the Duty to Consult and Accommodate, the impact of a proposed project can be minimized, receiving much needed local support during the approval process, and remaining as a long-lasting partnership.

  • Thinking it Forward: Industry


    Thinking it Forward: Honour of the Crown and the Duty to Consult.

  • Rio Tinto Alcan v. Carrier Sekani (2010 SCC 43)

    [33] The duty to consult described in Haida Nation derives from the need to protect Aboriginal interests while land and resource claims are ongoing or when the proposed action may impinge on an Aboriginal right.  Absent this duty, Aboriginal groups seeking to protect their interests pending a final settlement would need to commence litigation and seek interlocutory injunctions to halt the threatening activity.  These remedies have proven

  • Haida Nation on Duty to Consult

    [25]. Put simply, Canada’s Aboriginal peoples were here when Europeans came, and were never conquered. Many bands reconciled their claims with the sovereignty of the Crown through negotiated treaties. Others, notably in British Columbia, have yet to do so. The potential rights embedded in these claims are protected by s. 35 of the Constitution Act, 1982. The honour of the Crown requires that these rights be determined, recognized and respected.

    Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73
  • Honour of the Crown

    "Canadians need to understand that it is not a distant monarch whose honour is at issue. "Honour of the Crown" in our county, in this age, translates to a matter of national honour, an obligation all Canadians are bound to uphold and respect" Tsilhqot’in Nation v. British Columbia, 2007 BCSC 1700, at para 1116.