News & Analysis as of

Duty To Consult

The National Energy Board's Role in Crown Consultation

by Bennett Jones LLP on

On July 26, 2017, the Supreme Court released two seminal decisions that clarify the role of administrative tribunals, such as the National Energy Board ("NEB"), in fulfilling the Crown’s duty to consult with Indigenous...more

SCC Confirms the Role of Regulatory Tribunals in Aboriginal Consultation

On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation: Clyde River (Hamlet) v. Petroleum...more

Expert Panel’s Recommendations to Increase the Number, Cost and Timing of Federal Environmental Assessments

On April 5, 2017, the federal environmental assessment (EA) expert panel released its report, Building Common Ground: A New Vision for Impact Assessment in Canada. The report recommends broadening the scope of assessments to...more

Federal Court of Appeal Says There is No Duty to Consult on Legislation

Does the Crown have a duty to consult when contemplating and introducing legislation that may adversely impact aboriginal rights? In its recent decision in Canada (Governor General in Council) v. Courtoreille, the Federal...more

Supreme Court to Hear Appeals on Role of Tribunals in Duty to Consult

The Supreme Court of Canada (SCC) has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown’s duty to consult. In Hamlet of Clyde River v. TGS-NOPEC Geophysical...more

Oversight Of Pesticide Ingredients May Trigger A Duty To Consult Under The Endangered Species Act

by Nossaman LLP on

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293, plaintiffs sued the Environmental Protection Agency (EPA), alleging that EPA’s oversight of pesticide ingredients, including trifluralin,...more

Federal Court Finds No Duty to Consult Aboriginal Group on Investment Treaty

by Bennett Jones LLP on

On August 26, in Hupacasath First Nation v. Minister of Foreign Affairs, the Federal Court held that the Government of Canada has no constitutional duty to consult the applicant First Nation prior to ratification of the...more

SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised

by Bennett Jones LLP on

Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where...more

Mineral Claims And The Duty To Consult In Yukon

by Dentons on

On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of...more

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