Federal Court Of Canada Affirms Crown Consultation Process Following Environmental Assessment Under CEAA 2012

On December 9, 2014, the Federal Court of Canada (Court) released its decision in Athabasca Chipewyan First Nation v. Minister of the Environment, Attorney General of Canada, and Shell Canada Limited 2014 FC 1185.

In this case, the Court evaluated the adequacy of Canada's consultation with, and accommodation of, the Athabasca Chipewyan First Nation (ACFN) prior to issuing federal approvals under the Canadian Environmental Assessment Act 2012 (CEAA 2012) for the expansion of Shell Canada Limited's (Shell) Jackpine oil sands mine (Project). In a fact-based analysis, the Court concluded that Canada had fulfilled its duty to consult ACFN, and the accommodation offered to ACFN was reasonable and adequate.