The duty to consult and accommodate in Canada

Erin Alexiuk

The Evolution of Social Innovation

Building Resilience Through Transitions

Edited by Frances Westley, Katherine McGowan and Ola Tjörnbo

In a time where governments and civil society organizations are putting ever-greater stock in social innovation as a route to transformation, understanding what characterizes social innovation with transformative potential is important. Exciting and promising ideas seem to die out as often as they take flight, and market mechanisms, which go a long way towards contributing to successful technical innovations, play an insignificant role in social innovations. The cases in this book explore the evolution of successful social innovation through time, from the ideas which catalysed social and system entrepreneurs to create new processes, platforms, projects and programs to fundamental social shifts in culture, economics, laws and policies which occurred as a result. In doing so, the authors shed light on how to recognize transformative potential in the early stage innovations we see today.

Monograph Book

Published in print:: 29 Dec 2017

ISBN:: 9781786431141

eISBN:: 9781786431158

DOI:: https://doi.org/10.4337/9781786431158

Pages:: c 288

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Chapter 6: The duty to consult and accommodate in Canada

Erin Alexiuk

Monograph Chapter

Published:: 29 December 2017

DOI:: https://doi.org/10.4337/9781786431158.00011

Pages:: 88–115 (28 total)

Collection: Social and Political Science 2017

Abstract

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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