RIGHTS OF INDIGENOUS PEOPLES: CROWN'S DUTY TO CONSULT AND TO ACCOMMODATE "EXISTING ABORIGINAL AND TREATY RIGHTS" [T]he Supreme Court of Canada has ruled that the Crown has a legal duty to consult, and where appropriate to accommodate, when the Crown has real or constructive knowledge of the potential existence of Aboriginal rights or title, and the Crown contemplates conduct that might adversely affect those rights ― whether those rights have been established (proven in court or agreed to in treaties) or whether there is the potential for rights to exist New Brunswick http://timestranscript.canadaeast.com/opinion/article/342446

The First Peoples of New Brunswick are being conspicuously ignored, and their rights flagrantly violated and infringed as result of this new-drive to modernize and expand. Government "correspondence" now substitutes for "consultation"; industry pays "lip service" to aboriginal concerns and hopes to be left alone by First Nations in exchange for a donation to a sporting event or a modest scholarship allocation. ... Indian land title to New Brunswick remains unextinguished. ... we are reaching a point of no return in terms our exclusion from consultation with the province's self-sufficiency agenda.

First Nations are about to walk away from industries who do not take us seriously. We may have to revisit them in other forums in other ways. Currently New Brunswick has no consultation policy with First Nations sufficient to discharge its lawful obligations to discuss and, if required, accommodate, our concerns. Nor are there meaningful talks under way to fashion such a policy.