Abstract
The paper explores the development of consultative duties in Canadian constitutional law by the Supreme Court of Canada. While a duty of consultation is most familiar in aboriginal law matters, the Court has recognized similar duties in the areas of judicial compensation and of freedom of association and collective bargaining. In each area, the boundary between substantiive and procedural rights has been at issue, as has the degree to which principles of procedural justice in administrative law are applicable. The paper compares and contrasts these and other themes in the different areas in which the Court has found consultation to be an appropriate resolution to a constitutional dilemma.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
