Duty To Consult

News & Analysis as of

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

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

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

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

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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