“It is very difficult to practically separate the duty to consult and accommodate because consultation may lead to the fulfillment of the duty to accommodate [2] and consultation is meaningless if accommodation is excluded from the outset.[3] As such, the two are intertwined and must be addressed together.”
2. R v Marshall, [1999] 3 SCR 456 at para 22; Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73, 3 SCR 511 at para 47.
3. Mikisew Cree First Nation v Canada (Minister of Canadian Heritage), 2005 SCC 69, [2005] 3 SCR 388 at para 54.

Crown Duty to Consult + Accommodate →

“The Province is legally obligated to consult and accommodate First Nations, where required, on land and resource decisions that could impact their Indigenous Interests.”

Consulting With First Nations: gov’t of B.C. website →

‘Duty to Consult’ a Cruel Joke If First Nations Can’t Handle the Load
“The current Indigenous consultation process is akin to asking your doctor about a treatment and having them respond by giving you a 5,000-page pile of research papers and clinical trial results. This would be… problematic. You can’t really consent if you don’t know what you’re agreeing to…”
‘Duty to Consult’ a Cruel Joke If First Nations Can’t Handle the Load →