Project Law Blog

Tag Archives: Duty to Consult

B.C. Court of Appeal review of the BC Environmental Assessment Process – Case Comment on Fort Nelson First Nation v. British Columbia

Posted in Aboriginal, Environmental
Comment

Introduction In Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500, the B.C. Court of Appeal recently considered three issues involving the Reviewable Projects Regulation under B.C.’s Environmental Assessment Act: whether a letter from the Environmental Assessment Office (“EAO”) confirming a proponent’s interpretation of the Regulation is a judicially reviewable “decision”;… Continue Reading

Crown’s Duty to Consult Not Triggered by Subsurface Dispositions

Posted in Aboriginal, Consultation, Mining, Oil & Gas Law, Project Development, Project Permitting, Regulatory, Regulatory Compliance
Comment

Does the granting of subsurface mineral rights trigger the duty to consult with Aboriginal groups? In Saskatchewan, the short answer is “no”. The possibility of impact on Treaty 10 rights from the disposition of subsurface oil sands exploration permits is determined to be “too speculative” by the Saskatchewan Court of Appeal in Buffalo River Dene… Continue Reading

Supreme Court of Canada Confirms Provincial Power to Take Up Lands under Treaty – Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48

Posted in Aboriginal, Constitutional Law, Consultation
Comment

Today, the Supreme Court of Canada released another important Aboriginal law decision, Keewatin v. Ontario (Natural Resources), 2014 SCC 48. The decision confirms the power of Ontario, along with other provincial governments, to manage natural resources over lands subject to numbered treaties. Treaty 3 is one of the historical, numbered treaties entered into between Canada… Continue Reading

Supreme Court of Canada Provides Further Commentary on the Crown’s Duty to Consult Aboriginal People

Posted in Aboriginal, Consultation, Project Permitting
Comment

On May 9th 2013, the Supreme Court of Canada released its decision in Behn v Moulton Contracting Ltd, 2013 SCC 26.  The decision provides important commentary on the Crown’s duty to consult Aboriginal people. Background Moulton Contracting Ltd., a forestry company, was granted two timber sale licences and a road permit (the “Authorizations”) by the… Continue Reading

Yukon’s Free Entry Claim Staking Violates the Crown’s Duty to Consult Aboriginals

Posted in Aboriginal, Consultation, Mining
Comment

On December 27th, 2012, the Court of Appeal for Yukon released its decision in Ross River Dena Council v. Government of Yukon, 2012 YKCA 14.  The case dealt with the Yukon Government’s duty to consult with First Nations when allowing mineral claims to be recorded on land with asserted Aboriginal rights and title claims. The… Continue Reading

Court of Appeal Upholds Ruling that Municipalities Do Not Have a Constitutional Duty to Consult First Nations

Posted in Aboriginal, Constitutional Law, Consultation, Project Permitting
Comment

On September 25, 2012, the BC Court of Appeal released its reasons in Neskonlith Indian Band v Salmon Arm (City), 2012 BCCA 379 dismissing an appeal by the Neskonlith Indian Band (the “Neskonlith”) seeking, inter alia, a declaration that the City of Salmon Arm (the “City”) had a duty to consult with the Neskonlith. The… Continue Reading

BCCA Overturns Finding of Inadequate Consultation with Adams Lake Indian Band in Respect of the Incorporation of Sun Peaks Resort

Posted in Aboriginal, Consultation
Comment

On August 9, 2012, the BC Court of Appeal released its decision in Adams Lake Indian Band v. Lieutenant Governor in Council, 2012 BCCA 333 in which it reversed the BC Supreme Court’s finding that consultation by the Province with the Adams Lake Indian Band in respect of the incorporation of Sun Peaks Mountain Resort… Continue Reading

Ontario Superior Court of Justice Considers Aboriginal Consultation Obligations under Mining Act

Posted in Aboriginal, Mining
Comment

In a January 3, 2012 decision illustrating that the “free entry” mining system in Ontario may be limited by Aboriginal consultation, Madam Justice Carole Brown of the Ontario Superior Court of Justice granted the Wahgoshig First Nation an injunction against junior mining company Solid Gold Resources Inc.  Wahgoshig argued that they must be consulted about… Continue Reading

Supreme Court of Yukon Considers Duty to Consult and Free Entry Mining System

Posted in Aboriginal, Mining
Comment

On November 15, 2011, the Supreme Court of Yukon released its decision in Ross River Dena Council v. Government of Yukon, 2011 YKSC 84. The case is important as it is the first court decision to consider the issue of whether the Government of Yukon has a duty to consult with First Nations when recording… Continue Reading

First Nations Injunction Delays Taseko Geotechnical Drilling

Posted in Aboriginal, Mining
Comment

On December 2, 2011, the members of the Xeni Gwet’in First Nation Government and the Tsilhqot’in Nation successfully obtained an injunction against Taseko Mines to carry out geotechnical drilling in support of its preparation of an environmental assessment of its revised New Prosperity Mine Project (see Taseko Mines Limited v. Phillips, 2011 BCSC 1675).  The… Continue Reading

Supreme Court of Yukon Dismisses Liard First Nation Application to Quash Selwyn Project Decision Document

Posted in Aboriginal
Comment

In Liard First Nation v. Yukon Government and Selwyn Chihong Mining Ltd., 2011 YKSC 55, the Yukon Supreme Court dismissed a challenge to the Yukon Director of Mineral Resources’ (“Decision Body”) decision to allow the Selwyn Resources Underground Exploration Program (“Project”) to proceed by confirming an environmental assessment which concluded that the Project was not… Continue Reading

Supreme Court of Canada Clarifies the Duty to Consult with Aboriginal Groups

Posted in Aboriginal, Mining
Comment

On October 28, 2010, the Supreme Court of Canada issued a unanimous judgment in Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43, affirming the decision of the British Columbia Utilities Commission (the “Commission”) to accept the 2007 Electricity Purchase Agreement between BC Hydro and… Continue Reading

BC Supreme Court Halts Exploration Project Pending Caribou Accommodation

Posted in Aboriginal, Mining
Comment

In West Moberly First Nations v. British Columbia (Chief Inspector of Mines), 2010 BCSC 359 (the “First Coal Decision”) West Moberly First Nation successfully challenged the issuance of three Crown permits to First Coal related to bulk sampling of coal, advanced exploration drilling, and timber cutting near Chetwynd on Treaty 8 lands. Williamson J. held… Continue Reading

Yukon Supreme Court Considers the Duty to Consult on Settled Treaty Lands

Posted in Aboriginal, Mining
Comment

Canadian case law continues to refine the principles of the duty to consult and accommodate Aboriginal peoples, and the May 2007 decision of the Yukon Supreme Court in Little Salmon/Carmacks First Nation v. The Government of Yukon (Minister of Energy, Mines and Resources), 2007 YKSC 28 considers the extent of its application on recently settled… Continue Reading

BC Supreme Court Restricts Duty to Consult with First Nations to Consultation with Elected Representatives

Posted in Aboriginal, Environmental, Mining
Comment

Recent Canadian court decisions have established there is a duty held by the federal and provincial governments to consult with First Nations. The Supreme Court of British Columbia’s decision in Red Chris Development v. Quock et al 2006 BCSC 1472 provides direction for project proponents regarding the identification of the appropriate aboriginal groups with which… Continue Reading