Among other impacts on Canadian law with respect to Indigenous consultation, this will mean grappling more meaningfully with the Indigenous nation's laws & customs, as well as deeper thinking over the proper representatives of the rights holders. Here are some key paragraphs.

The Commission erred in deciding it lacked jurisdiction to consider how UNDRIP impacts the Crown's duty to consult & accommodate the First Nation over a proposed Near Surface Disposal for nuclear waste near Chalk River, Ontario. Now it will have to go back & reassess the adequacy of consultation.

Could be worth creating a CLG starter pack for a community building boost

Kudos to my USask Law colleague, Felix Hoehn (not yet on Bluesky), for the citation to his paper on the duty to negotiate.

Among other things, the majority judgment has an interesting synthesis of principles elaborated in relation to the Crown's duty to consult and treaty infringement in past cases, including with respect to identifying credible but unproven rights claims and damages. Lots to unpack.

Expanding on lower court cases about other unique contractual arrangements like Treaty Land Entitlement agreements, the majority says the Honour of the Crown applies when Crowns contract with Indigenous peoples as collectives to address Indigenous difference and credibly claimed Indigenous rights.