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ARTICLE · 03 NOVEMBER 2014

The Duty To Consult First Nations: A Never-Ending Story?

Benson Buffett PLC Inc.
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Natural resource projects involving land that is subject to a historical treaty necessitates a slightly different standard of accommodation and consultation.

CanadaEnergy and Natural Resources
Benson Buffett PLC Inc.
Benson Buffett PLC Inc.

West Moberly First Nations v. British Columbia (Chief Inspector of Mines) 2014 BCSC 924; Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48

Natural resource projects involving land that is subject to a historical treaty necessitates a slightly different standard of accommodation and consultation. These lands have been, effectively, passed to the Crown in exchange for a host of promises. By no means is the duty to consult First Nations eradicated where a treaty exists. Rather, a different set of legal principles and considerations come into account. Modern-day treaties take the form of comprehensive land-claims agreements between First Nations and governments that set out the respective rights, duties, and obligations with respect to the territory in question. As such, any question of consultation and accommodation must be framed within these agreements.

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