In terms of lessons to take from the chain, I would highlight particularly the chain from Haida onwards, on the proactive duty to consult. I would distinguish it a bit from Delgamuukw and other cases prior to Haida, which were focused on consultation as part of the test for whether a particular infringement of an aboriginal or treaty right was justified.
Haida and the cases following it say that in every instance where there might be an impact on an indigenous right, there ends up being this proactive duty to consult that arises. That arises in Canada hundreds of thousands of times per year. Most of those situations move forward fairly successfully, but a few end up in challenges and litigation in some instances.
One of the key lessons that I would identify is the need to try to get beyond the uncertainty that Haida and its subsequent cases are dealing with. Haida was put forward as an interim case to try to deal with situations where there is not yet certainty on the final shape of indigenous rights in a particular situation, and if greater certainty could be achieved, whether it's through the courts if need be, but ideally through negotiation between governments and indigenous communities.
Some of that doctrine on consultation can become a lot clearer than it is right now. Otherwise, I guess, there's guidance in the cases on just trying to take all of the steps involved in meaningful consultation, and there can be ongoing work to try to follow that. However, there may be things still to be clarified in law. There may be ways for governments to move that along and to seek answers from the courts faster than those that have been received thus far in the context of that ongoing interim doctrine.