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ARTICLE · 01 JUNE 2005

Talk Before You Leap: Protect Your Resource Development Project Through Early-Stage Aboriginal Group Consultation

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The November 18, 2004 Supreme Court of Canada decisions in Haida and Taku River place a duty on government to consult with and accommodate Aboriginal groups affected by land and resource development. Though legally this duty applies only to provincial and federal governments and not to resource developers, in reality it is in the best interests of industry to ensure sufficient consultation takes place.

CanadaEnergy and Natural Resources
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Article by Todd Wolfe, Carmen Diges and Kristi Sebalj

The November 18, 2004 Supreme Court of Canada decisions in Haida and Taku River1 place a duty on government to consult with and accommodate Aboriginal groups affected by land and resource development. Though legally this duty applies only to provincial and federal governments and not to resource developers, in reality it is in the best interests of industry to ensure sufficient consultation takes place.

Background and Changes to the Law

In Haida, the B.C. Minister of Forests replaced a tree farm license against opposition from, and without the consent of, the Haida Nation. In Taku River, a project approval certificate for the construction of a 160-kilometre mining access road was issued by the B.C. Ministry of the Environment despite objections from the Taku River Tlingit First Nation. In both cases, the province argued that it had no obligation to consult with Aboriginal groups where their Aboriginal rights and title had not

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