In 2004, in the Haida Nation v. British Columbia and Taku River Tlingit v. British Columbia cases, the Supreme Court set out a new legal framework – the duty to consult and accommodate – which directs the Crown to consult with Aboriginal peoples and accommodate proven and asserted Aboriginal rights when governments contemplate developments that may affect Aboriginal rights and way of life.

In July 2004, based on the Powley, Haida and Taku decisions, the MNO and the Ontario Ministry for Natural Resources (MNR) entered into a province-wide accommodation agreement on Métis harvesting based on credible Métis harvesting rights claims throughout the province. In June 2007, the MNO-MNR agreement was upheld by the Ontario Court of Justice in R. v. Laurin as “legally defensible” and “highly principled” based on Haida and Taku. In July 2007, the Ontario Government decided not to appeal the Laurin case and renewed discussions with the MNO in order to fully implement the MNO-MNR agreement.

In May 2007, the Ipperwash Inquiry report recommended that the Ontario Government work with Aboriginal peoples on implementing the duty to consult and accommodate in legislation, regulations, and other applicable government policies in order to promote respect and understanding for this duty throughout the provincial government and increase Aboriginal engagement in and benefit from the development of natural resources in the province.

In January 2008, both the Ministry of Aboriginal Affairs, on behalf of the Ontario Government, and the Office of the Federal Interlocutor for Métis and Non-Status Indians, on behalf of the Government of Canada, agreed to provide resources to the MNO to undertake consultation on the duty to consult and accommodate with its citizens with a view to increasing Métis input and involvement in Ontario’s forestry, energy and mining sectors as well as developing an Ontario Métis Consultation Framework. The final report from these consultations was released in July 2007 and is available at www.metisnation.org/consultations.

In August 2007, the Ontario Government announced it would modernize the Mining Act, with a view to addressing Aboriginal rights as well as the Crown’s duty to consult and accommodate.