Six Miles Deep

Legal Duty to Consult

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The legal duty to consult is a doctrine developed by Canadian courts that requires governments to consult Indigenous peoples when decisions may adversely affect their rights or claimed rights. It does not always require consent, but it does require notice, good-faith dialogue, and, in stronger cases, efforts to accommodate concerns. The scope and depth of consultation depend on how serious the potential impact is and how strong the underlying right appears to be.

In the Haldimand context, the duty to consult is the bare minimum, not the ceiling. When you have written promises of a “safe and comfortable retreat” to be enjoyed by Mohawk posterity “forever,” combined with explicit recognition that the “faith of Government is pledged” to protect those tracts, a simple procedural duty to consult looks thin.

The Six Miles Deep approach treats the duty to consult as a floor: even if governments meet that duty, they still have to grapple with deeper obligations rooted in Crown honour, fiduciary duties, and quasi-international commitments specific to the Grand River.

170 words

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About Benjamin Doolittle U.E.

listen to BLOODLINE

“Bloodline” follows the Haldimand Proclamation from its original promise to the present fight to have it honoured. The track moves through Crown grants, broken commitments, and the legal and political road back to enforcement, asking listeners to hear the Proclamation not as a relic of the past, but as a living obligation that still binds the Crown to the Mohawk Nation of Grand River.

Artist: One Way Current
Writer: Benjamin Doolittle UE
Producer: One Way Current
Publisher: Corn Press Publications
Affiliation: Six Miles Deep / Mohawk Nation of Grand River

Six Miles Deep