Canada's accommodating judiciary: How the Supreme Court of Canada can actively encourage negotiations in Aboriginal rights and treaty claims.

摘要

The Crown's duty to consult and accommodate Canadian Aboriginal peoples is the newest face of Canadian trust-like common law. This thesis is an exploration of this concept; from theoretical justification, to an examination of implications, to suggestions for the future. This exploration has been completed in order to highlight the potential capacity of consultation and accommodation to facilitate the movement of Canadian Crown/Canadian Aboriginal Peoples' disputes from court rooms to negotiation tables.