Consultation With First Nations – Highlights From 2011 Cases Decided By Canadian Courts

Various aboriginal law cases decided by Canadian courts in 2011 considered Crown and industry consultation with First Nations in the context of resource and project development. Most of these cases continue to be decided in British Columbia, where the majority of First Nations have unresolved aboriginal title claims that were not settled by treaty.

Some of the noteworthy 2011 consultation-related cases are summarized below.

British Columbia

West Moberly First Nations v. British Columbia (Chief Inspector of Mines)

The British Columbia Court of Appeal affirmed the suspension of coal exploration permits that had been obtained by First Coal. The court found inadequate Crown consultation concerning the potentially adverse impact on a caribou herd and the ability of the First Nation petitioners, as signatories of Treaty 8, to hunt this species in its feeding grounds. Leave to appeal has been sought from the Supreme Court of Canada. (Read the decision.)