aboriginals
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Title: aboriginals

Essay Details:

Subject: History
Author: Joseph I
Date: January 12, 2014
Level: University
Grade: A
Length: 7 / 1889

Essay text:

Consequently disputes concerning Block 6 had lead up to courts and ultimately to the Supreme Court of Canada. The lower courts had concluded that the government had a "moral" duty to consult with the Haida people concerning the land but that the duty was not "legal". Conversely the Court of Appeal had declared the lower courts incorrect by stating that not only should the government have the requirement to consult with the Aboriginals but Weyerhaeuser Co. as well has a duty to consult. The judgment from the Appeal Court was taken to the Supreme Court of Canada. This Court discusses the question of consultation and accommodation and the application of those issues to this case in six different points, these points include the basis of the duty to consult, at which point the duty should come active, the substance of the consultation, whether the duty shall extend to third party individuals or groups, and whether this duty to consult further extends to the province...

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