ABORIGINAL PEOPLES
Duty to consult—Appeal from decision (2005 FC 939) dismissing application to set aside, remit for redetermination stay issued by Attorney General of criminal proceedings initiated on behalf of appellants—Issue whether Crown’s duty to consult Aboriginal community before making decision which may adversely affect lands subject to Aboriginal claim applying when Attorney General staying private prosecution—Appeal dismissed—Tenuous nature of connection between issue of stay and damage to Aboriginal rights insufficient to support duty to consult—Furthermore, constitutional principle that Attorney General acts independently when making decisions to prosecute, or stay prosecution—Save in exceptional circumstances, Attorney General accountable to Parliament, not courts, in these matters.
Labrador Métis Nation v. Canada (Attorney General) (A-452-05, 2006 FCA 393, Evans J.A., judgment dated 1/12/06, 15 pp.)