Building Resilience Through Transitions
Edited by Frances Westley, Katherine McGowan and Ola Tjörnbo
Chapter 6: The duty to consult and accommodate in Canada
This chapter explores the emergence of the duty to consult and accommodate as a social innovation in Canada. Specifically, the evolution of authority over lands in Canada is traced through three major phases, beginning from the Seven Years War: (1) shared authority by multiple sovereign Aboriginal nations; (2) dominance by the Crown/Canadian government; and (3) recognition of Aboriginal title and the legal duty to consult and accommodate. This historical narrative is intended both to demonstrate the power of social phenomena around land and provide analysis of the Haida decision as a recent tipping point. Examples of both the adjacent possible and prophetic starting conditions emerged through the research as well as several related problem domains – including treaty negotiations, resource development and reconciliation – ripe for further social innovation.
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