What is the significance of the duty to consult in property/resource development cases?

• A. It allows Indigenous groups to veto government decisions.
• B. It requires government to fund Indigenous groups.
• C. It requires government to engage with Indigenous groups when actions may affect their rights.
• D. It applies only to Canadian internal trade.

Answer: (C)

The duty to consult centers on the government’s obligation to engage with Indigenous groups when government actions could affect Indigenous rights related to land or resources. In property and resource development, this means the government must consult in good faith, share relevant information, listen to concerns, and consider reasonable accommodations before proceeding. The idea is to reconcile development with constitutionally protected rights and obligations, not to grant Indigenous groups a veto. The level and extent of consultation depend on how strong the rights are and how likely the action is to affect them; where concerns can be addressed, modifications may be required. If meaningful consultation cannot yield a workable accommodation, the government may need to adjust plans or, in some cases, halt the project to avoid infringing rights.