Does the non-binding preliminary decision of a Minister of Justice have a duty to consult?

Canada (Federal), Canada

The following excerpt is from Enge v. Canada (Indigenous and Northern Affairs), 2017 FC 932 (CanLII):

Indeed, the case law shows that the non-binding nature of preliminary decisions does not necessarily mean that there can be no duty to consult. For example, in Dene Tha’ First Nation v. Canada (Minister of Environment), 2006 FC 1354, 303 F.T.R. 106, negotiations leading to a non-binding Cooperation Plan nonetheless triggered a duty to consult that fell at the high end of the consultation spectrum.

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