Lost in Translation: Examining Alberta's Duty to Consult Policy and the Challenge Government Faces when Policies are Imposed on them by the Judicial System

Abstract

The province of Alberta created their duty to consult policy following the Mikisew Cree First Nation v. Heritage Canada case. This case extended continuing rights for future and current claims and acknowledged the duty of the Crown to consult when these rights were to be potentially impeded.The Government of Alberta took this as a cue to develop their own duty to consult policy, so to ensure they would never be in violation of this ruling. This is notable in Alberta due to a large provincial focus on resource development. Being required to consult with Aboriginal communities before moving forward with resource development projects is a potential barrier to quick economic expansion.