In 2004 and 2005, the Supreme Court of Canada (SCC) handed down three landmark decisions that found the Crown (provincial and federal) has a duty to consult with Aboriginal peoples regarding decisions or taking actions that might adversely affect their established or potential Aboriginal rights and treaty rights (Haida and Taku, 2004, Mikisew Cree, 2005). In response, the Governments of Nova Scotia and Canada, and the Mi’kmaq have agreed to follow a Consultation Terms of Reference that clearly lays out a process for Crown consultation with the Mi’kmaq.

The Terms of Reference can be found at: