Law Commons^™

Indigenous-Municipal Legal Relationships: Moving Beyond The Duty To Consult And Accommodate, Alexandra Flynn

All Faculty Publications

This paper examines the path forward for Indigenous-municipal relationships in regard to the land use planning process. While the arguments in the paper apply broadly, I focus on the unique legalities of planning approaches in Ontario. The aim is to argue that municipal planning – using the example of the Ontario planning model more specifically – should not frame its responsibilities with First Nations and Indigenous peoples based on the requirements of the duty to consult, which is a problematic singular framework in grounding a nation-to-nation relationship. The duty to consult as the basis of Indigenous-settler relationships has not led …