Assignment:
Questions:
- What does "the honour of the Crown" mean and what are its origins?
- How does it relate to the legal concept of "the duty to consult"?
- Why do provincial governments now have to demonstrate that they performed their duty to consult?
- How does Ariss & Cutfeet interpret the honour of the Crown and the duty to consult in relation to reconciliation?
- Why might consultation between the Crown and Indigenous peoples be more problematic rather than useful for Indigenous peoples attempting to safeguard their sovereignty?
Required Readings:
Ariss, R. & Cutfeet, J. (2011). Kitchenuhmaykoosib Inninuwug First Nation: Mining, consultation, reconciliation and law. Indigenous Law Journal 10(1): 1-38.
Valverde, M. (2012). The Crown in a multicultural age: The changing epistemology of (post)colonial sovereignty. Social & Legal Studies 21(1): 3-21.