As Ontario’s government moves ahead with Bill 5, and Canada and British Columbia propose their own legislation to grant cabinet sweeping new powers to override laws in the name of accelerating economic development, concerns have mounted over the constitutional implications—particularly with respect to Indigenous rights and consultation.
Speaking with The Trillium, PaulSeaman, leader of Gowling WLG’s Indigenous Law practice, underscored the enduring nature of the Crown’s constitutional duty to consult, and the difficulties that may emerge where legislation attempts to bypass traditional regulatory processes.
“It emanates from this constitutional principle that's called the Honour of the Crown that sits outside statutes,” said Seaman. “So, you can amend statutes all you like, but you can't get rid of that constitutional imperative.”
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