A/HRC/45/12/Add.3 Rapporteur provide information about these allegations so that it can be passed to the relevant authorities for investigation, as appropriate. Para 79, comments: In Canada, the Aboriginal and treaty rights of Indigenous peoples are recognized and affirmed under section 35 of the Constitution Act, 1982 and are constitutionally protected. Canadian courts have elaborated on and clarified the meaning and scope of the protected rights of Indigenous peoples, including in relation to the Crown’s legal duty to meaningfully consult, and where appropriate, accommodate when it is contemplating activities that may adversely affect potential or established Aboriginal or treaty rights. Where Aboriginal title has been established, the Crown must obtain the consent of the Aboriginal title holders in order to develop or use the land, and if consent is not obtained the Crown must justify any proposed incursion under s. 35. Consistent with the purpose of “free, prior and informed consent”, the duty to consult serves to protect the asserted or established rights held by Indigenous peoples in Canada from government action, including for example, where government action is involved in regulating and approving resource development projects. If an Indigenous group is not satisfied with the consultation that has occurred or the accommodations offered, government decisions can be the subject of judicial review by a court. Canadian courts, on judicial review, will assess the adequacy of the consultation process and any accommodation measures. Government decisions and actions may be quashed where the process or outcomes of consultation has been inadequate. In Canadian law, the duty to consult guarantees a process, not a particular result: there is no duty to reach agreement, but there must be good faith efforts and a commitment to a meaningful process by both the government and the Indigenous group whose asserted or established rights may be adversely impacted. This is consistent with commentary by the UN Special Rapporteur on the Rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples, which notes that FPIC requires that consultations must be undertaken in good faith with the ‘objective’ of reaching agreement or achieving consent. The Government of Canada has committed to introduce legislation to implement the UN Declaration on the Rights of Indigenous Peoples, co-developed with Indigenous peoples, by the end of 2020. Para 79, recommended language: Canada therefore recommends that paragraph 79 be redrafted as follows: “Canada has a legal duty to meaningfully consult with Indigenous groups, and where appropriate, to accommodate when it is contemplating activities that may adversely affect potential or established Aboriginal or treaty rights, including storage or disposal of hazardous materials in their lands or territories.” Para 84, 1st sentence, comments: Canada notes that the Aboriginal and treaty rights of Indigenous peoples are recognized and affirmed under section 35 of the Constitution Act, 1982 and are constitutionally protected. Canadian courts have held that, flowing from the constitutional protection given to those rights and grounded in the Honour of the Crown (i.e. honouring the Treaties), governments have a duty to consult, and where appropriate accommodate, when it is contemplating activities that may adversely affect potential or established Aboriginal or treaty rights. Para 84, 1st sentence, recommended language: Accordingly, Canada recommends redrafting the first sentence of paragraph 84 as follows: “The duty to consult is grounded in the Honour of the Crown and derives from section 35 of the Constitution Act, 1982”. 8