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ARTICLE · 10 MARCH 2015

One Step Forward and Two Steps Back: Province Found To Have Breached Aboriginal Consultation Obligations For Second Time

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The Crown's failure to adequately consult with Aboriginal groups will not always result in a meaningful remedy being granted by the courts.

CanadaGovernment, Public Sector
Joan Young
Joan Young
Melanie Harmer
Melanie Harmer
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In Da'naxda'xw/Awaetlala First Nation v. British Columbia Hydro and Power Authority, 2015 BCSC 16, for the second time, the Supreme Court of British Columbia has declared that the Province failed to fulfill its duty to consult with a Aboriginal group regarding the boundaries of a protected conservancy established in the Aboriginal group's traditional territories. However, the Aboriginal group did not succeed in its claim that the Province had guaranteed the awarding of a contract with BC Hydro for the purchase of hydro-electric power from a company with ties to the Aboriginal group.

Key Points

  • The Crown's failure to adequately consult with Aboriginal groups will not always result in a meaningful remedy being granted by the courts.

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