After a brief review of the nature and scope of Aboriginal interests, this paper addresses the current state of the law in this area. Specifically, the author investigates the source of the duty to consult, when the duty is triggered, who owes the duty, the nature and content of the duty, who is to be consulted, what it means to accommodate Aboriginal interests, and finally, some practical considerations.

This paper was presented at the Aboriginal Issues seminar in November – December 2012.