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At a press briefing following the Western Premiers’ Meeting in Kananaskis, Alta. on Tuesday, Manitoba Premier Wab Kinew took a moment to correct Premier Danielle Smith on the limitations surrounding the government’s duty to consult Indigenous groups when posing the question of Alberta’s separation from Canada in a referendum.
“So, I think we know that is not correct – a lot of what you just said there Premier Smith. Specifically, and we spoke about this, so I don’t mind repeating this, it is not up to the petition gatherers to fulfill the duty to consult. It is up to you, as the Alberta government, to fulfill the duty to consult. And in this case, when there's clearly going to be an impact on well-established existing (indigenous) hunting and fishing rights by putting up, an international border, if some would have their way.” Kinew said.
Premier Smith responded by highlighting the purpose of the courts to settle disagreements, saying, “I think we'll wait and to see how our Court of Appeals process goes and see what the courts have to say. In the end.”
According to the federal government, the Government of Canada has a duty to consult and, where appropriate, accommodate Indigenous groups when it considers conduct that might adversely impact potential or established Aboriginal or treaty rights. The duty stems from the Honour of the Crown and is derived from section 35 of Canada's Constitution Act, 1982, which recognizes and affirms Aboriginal and treaty rights.
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