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ARTICLE · 12 APRIL 2017

Duty To Consult Does Not Apply To All Aboriginal Concerns

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It is relatively common knowledge that the government has a "duty to consult" aboriginal groups when undertaking actions or making decisions that could adversely affect aboriginal rights, aboriginal title and treaty rights.

CanadaEnvironment
Robin Junger
Robin Junger
Joan Young
Joan Young
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It is relatively common knowledge that the government has a "duty to consult" aboriginal groups when undertaking actions or making decisions that could adversely affect aboriginal rights, aboriginal title and treaty rights. It is not, however, always easy to determine whether a government action might have an impact on one of the specific (constitutionally protected) aboriginal interests or is of a more general nature that does not attract a duty to consult.

Put another way, "Do all aboriginal concerns about government conduct and decisions have to be considered under the duty to consult?"

The short answer is no.

In the recent 2017 decision of Blueberry River First Nations v British Columbia (Natural Gas Development), 2017 BCSC 540, the Court reviewed a decision of the Minister of Natural Gas Development (the "Minister") who entered into a Long Term Royalty Agreement ("LTRA") with five corporate entities whose joint venture existed for the purpose of supplying

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