Proposed Administrative Tribunal Policies Concerning Indigenous Ecological Knowledge and Values, and the Duty to Consult

Abstract

1. IntroductionFormer Chief Justice McLachlin’s recognition of the importance and effectiveness of tribunals is nowhere more relevant than in Canada’s North—particularly with respect to the co-management of wildlife and the environment. Prior to the relatively recent establishment of land claim boards, much decision making with respect to environmental and wildlife matters in the northern regions was made in Ottawa, and essentially all decision making followed processes that, at best, afforded insufficient input from those most affected by such decisions.While significant advances have been achieved over the last several decades, there still remains room for improvement. Accordingly, this article intends to set out recommendations for:(a) Enhancements to the integration of Indigenous Ecological Knowledge (IEK)2 and values into the practice of administrative law in the North; and(b) Tribunal policies that reflect recent Supreme Court of Canada decisions regarding the duty to consult and, where appropriate, accommodate. ... ...More