Foreign Affairs Prerogative and the Federal Court: Hupacasath First Nation v Canada
Ever since the Supreme Court of Canada confirmed the Crown's duty to consult with Aboriginal peoples in Haida Nation v British Columbia (Minister of Forests), [2004] 3 SCR 511, courts have been tasked with determining precisely when the duty is triggered, and against which government actors the duty applies. In Hupacasath First Nation v Canada […]