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Section 35 under the Constitution Act was also applied by the Courts in which guarantees the Aboriginals not only the acknowledgement of rights, as stated by the Court, but also imposes upon the Crown the duty to act respectably when settling treaties with the Aboriginals. The Court therefore concludes that when negotiating with the Aboriginals the Crown have a fundamental duty to consult and accommodate...
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The Court therefore concludes that when negotiating with the Aboriginals the Crown have a fundamental duty to consult and accommodate.
The duty to consult however will be diverse in every case. This differentiation will dependent on the strength of the claim of ownership by the Aboriginal group and the degree of the infringement by the Crown...
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