Supreme Court of Canada Decisions
The duty to consult First Nations has been affirmed by the Supreme Court of Canada in a series of decisions, including:
- Haida  3 SCR 511
- Taku River 2004 SCC 74
- Mikisew Cree 2005 SCC 69
- Little Salmon/Carmacks  3 SCR 103
- Rio Tinto  2 SCR 650
The Williams Treaties First Nations support relationship building and an open dialogue on a government to government basis as it relates to processes of consultation. Consultation and accommodation are critical in ensuring that the rights and interests of the First Nations are prioritized. The Government of Canada, the government of Ontario and at times municipalities, developers and proponents must consult with First Nations when any activity may have an adverse impact on Aboriginal and treaty rights.
The Williams Treaties First Nations consultations are undertaken by the individual First Nations’ of the Williams Treaties. As such, consultations may occur directly with a particular First Nation in accordance with their internal consultation protocols. In matters of regional priorities as directed by the First Nations, consolations may occur on a regional basis should the First Nations determine it is appropriate in the circumstances. Questions regarding consultation and notifications should be sent to the individual First Nations consultation offices.