There is no such policy, although a federal Working Group of Ministers cited fairness in legal interactions as a guiding principle toward reconciliation.
The Call to Action:
We call upon the Government of Canada, as an obligation of its fiduciary responsibility, to develop a policy of transparency by publishing legal opinions it develops and upon which it acts or intends to act, in regard to the scope and extent of Aboriginal and Treaty rights.
There is no such policy or legislation. Nor are there proposed announcements to craft such legislation, although a federal Working Group of Ministers cited fairness in legal interactions as a guiding principle toward reconciliation.
In order for Call to Action #51 to happen, there would have to be policy or legislation that would ensure the Crown makes available its legal opinion with respect to Aboriginal treaty rights issues before it reaches the court.
Currently the Crown and Attorney General can jointly agree to waive confidentiality agreements and therefore agree to share relevant legal opinions. That, however, is not mandatory.
In January 2019, former Minister of Justice and Attorney General of Canada Jody Wilson-Raybould issued the Directive on Civil Litigation Involving Indigenous Peoples. According to the Government of Canada website, the directive will guide the Government of Canada’s legal approaches, positions and decisions taken in civil litigation involving Aboriginal and treaty rights, and the Crown’s obligation towards Indigenous peoples.
In July 2017, the federal Department of Justice released 10 principles that it says will guide a Working Group of Ministers on the Review of Laws and Policies to achieve reconciliation including, where possible, the Truth and Reconciliation Calls to Action.