ARTICLE · 11 JUNE 2013

Aboriginal Consultation - Recent Highlights

Norton Rose Fulbright Canada LLP

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The Joint Review Panel held that it did not have statutory authority to consider the adequacy of Crown consultation in relation to the proposed project.

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Everett Bunnell

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Alberta

Métis Nation of Alberta Region 1 v Joint Review Panel, 2012

The Joint Review Panel held that it did not have statutory authority to consider the adequacy of Crown consultation in relation to the proposed project. The duty to consult with First Nations rests with the Crown and, as there was no contemplated Crown conduct before the panel, the Joint Review Panel's approval and conditions for the project could not direct the Crown's conduct with respect to consultation. In any event, discussing the adequacy of Crown consultation was premature, given that consultation was ongoing and had not been deemed complete by the Crown. The Alberta Court of Appeal dismissed the First Nations' application for leave to appeal, holding that the Joint Review Panel had discretion to decide not to consider the adequacy of consultation and in any event, it was inappropriate to review the panel's decision before completion of the hearing. (Read the decision.)

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