Abstract
The constitutional duty to consult and the application of the duty to administrative and regulatory boards and tribunals has only been minimally explored by jurisprudence. The limited jurisprudence on this topic has found the duty to apply only when boards meet certain criteria. The focus of this article is the Nunavut Wildlife Management Board and the application of the duty to consult in that context. The author discusses the Nunavut Wildlife Management Board and determines that on the basis of duty to consult jurisprudence, the constitutional duty to consult would not apply to the Nunavut Wildlife Management Board. However the author considers the British Columbia Court of Appeal’s recent pragmatic approach to assessing consultation obligations and advocates a pragmatic approach in the Nunavut context. The author ultimately argues that consultation obligations must fall to the Nunavut Wildlife Management Board because on a strict reading of the Nunavut Land Claims Agreement, the Board is the most appropriate locus for consultation to take place.