Land use research and the duty to consult: a misrepresentation of the aboriginal landscape

This paper addresses the means by which the government of Canada is fulfilling its fiduciary obligation to consult with Aboriginal communities whose traditionally used lands are subject to industrial development. Specifically, the use of Aboriginal land use studies, as a means of consultation, is called into question on the basis of methodological limitations and cultural misrepresentation. In closing, it is suggested that until the Canadian government is prepared to take a proactive stance in mitigating land use conflicts through an effective and equitable consultative framework one should expect an escalation of litigation and continued Aboriginal discord.