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ARTICLE · 28 MAY 2013

Canada’s Supreme Court Requires Aboriginal Groups To Follow Statutory Process

Osler, Hoskin & Harcourt LLP
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The Supreme Court of Canada released its decision in a recent case, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to resource developers must follow the legislatively mandated process to do so.

CanadaGovernment, Public Sector
Maureen Killoran
Maureen Killoran
Tommy Gelbman
Tommy Gelbman
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On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to resource developers must follow the legislatively mandated process to do so. An Aboriginal group that chooses to forgo legal remedies will not be permitted to (a) employ "self-help" remedies to challenge the permitted undertaking; or (b) defend against the enforcement of those permits in civil proceedings by challenging the validity of validly issued authorizations. The Supreme Court concluded that allowing these actions would bring the administration of justice into disrepute and amount to a repudiation of the duty of mutual good faith underlying the Crown's constitutional duty to consult First Nations.

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