What is the 'Duty to Consult' in the context of S.35?

The 'Duty to Consult' under Section 35 of the Constitution Act, 1982, refers specifically to the obligation of the Crown to engage in meaningful consultation and accommodation with Indigenous peoples whenever government actions or policies may affect their rights or interests. This concept arises from the recognition of existing Aboriginal rights and title, affirming that the Crown has an obligation to consider these rights seriously in its decision-making processes.

Meaningful consultation involves more than mere notification or the holding of public meetings; it requires a genuine effort to understand Indigenous perspectives and to ensure their concerns are addressed. This can involve discussions about land use agreements, environmental assessments, and impacts on traditional practices. If the government proposes a project that could impact Indigenous lands or rights, it must actively seek out Indigenous input and work towards finding accommodations that respect their rights and interests.

While the concept of public meetings and notifying the public may come into play in broader discussions, the essence of the Duty to Consult is focused on the engagement with Indigenous groups specifically, making option B the correct representation of what this duty entails. This engagement is a fundamental aspect of reconciliation and respecting Indigenous rights within Canadian constitutional law.