Supreme Court Releases Much-Anticipated Chippewas And Clyde River Decisions

The Supreme Court of Canada's much-anticipated decisions in Hamlet of Clyde River (Hamlet) v Petroleum Geo-Services Inc. (Clyde River) and Chippewas of the Thames First Nation v Enbridge Pipelines Inc. (Chippewas) are significant in that they confirm the ability of governments to rely on regulatory processes to fulfill the Crown's duty to consult with Aboriginal groups, including in cases where the Crown itself is not involved in the process. While the decisions largely confirm previously established legal principles, they also provide clear guidance on what practices will and will not be sufficient to meet Aboriginal consultation requirements when navigating the regulatory approval process.