Aboriginal Consultation For BC Mine Expansion Upheld

On August 5, 2011, Mr. Justice Crawford issued a decision in Louis v. British Columbia (Energy, Mines and Petroleum Resources), 2011 BCSC 1070, finding that the Crown had fulfilled its duty to consult and had acted honourably in its efforts to consult the Stellat'en First Nation on a proposed expansion of the Endako Mine by Thompson Creek Metals Company Inc. ("Thompson Creek").

Justice Crawford essentially applied the principles from the Supreme Court of Canada's decision in Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, 2010 SCC 43 (Rio Tinto), and limited the scope of consultation to impacts from the expansion, rather than the already existing mine. Viewed in that light, Justice Crawford found the consultation to be sufficient, especially in light of the Stellat'en's insistence on consultation and accommodation in relation to the whole of the mining operation (which had been in operation since the 1960s).