Indigenous Economic Interests Trigger The Crown's Duty To Consult

The Federal Court of Canada recently released the decision of Justice Brown in Ermineskin Cree Nation v Canada (Environment and Climate Change), 2021 FC 758 (the Decision). The Decision considers the significance of economic interests as they relate to Aboriginal and Treaty rights, and is likely to have significant impact on natural resource development across Canada.

Of key interest to both Indigenous communities and project proponents is the Court's decision that the Crown must consult with Indigenous groups who hold economic benefits derived from or through their Aboriginal rights. The Decision expressly recognized that economic benefits negotiated with a project proponent as mitigation for potential impacts on Aboriginal rights trigger the Crown's duty to consult with respect to those economic benefits.