Mining, People And The Environment - Law: Duty To Consult

Relations between Canada's First Nations communities and mining companies continue to evolve with new case law, legislation and industry practice.

It has been almost 10 years since the seminal decision Haida Nation versus British Columbia (minister of forests). This ruling first articulated the constitutional duty of the Federal and Provincial Crowns to consult with First Nations in making decisions that may adversely affect as yet unproven aboriginal rights and title claims. The duty to consult has since developed considerably. Subsequent court decisions have clarified and refined the parameters of the duty.

The ways in which Canadian and international mining companies work with First Nations communities has also evolved and important lessons have been learned. By law, the duty to consult with and accommodate only applies to government. And the duty to consult does not include a veto over development for First Nations communities. In practice, mining