The Constitution Act (1867) was amended in 1982 to recognize and affirm existing Aboriginal and Treaty Rights in Section 35:
“The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.”
This and subsequent Case Law led to the Duty to Consult in Alberta.
The Province or Alberta’s ‘Policy Statement’ on First Nation consultation states: “Alberta will consult with First Nations where Land Management and Resource Development on provincial Crown land may infringe First Nations Right and Traditional Uses.”
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