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ARTICLE · 17 APRIL 2012

City Owes No Duty To Consult First Nations

McCarthy Tétrault
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On April 4, 2012, the Supreme Court of British Columbia ruled that the City of Salmon Arm owed no constitutional duty to consult the Neskonlith Indian Band (Band) in respect of a development permit the City had issued.

CanadaReal Estate and Construction
Aidan Cameron
Aidan Cameron
Nicholas Hughes
Nicholas Hughes
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Neskonlith Indian Band v. Salmon Arm (City), 2012 BCSC 499

On April 4, 2012, the Supreme Court of British Columbia ruled that the City of Salmon Arm owed no constitutional duty to consult the Neskonlith Indian Band (Band) in respect of a development permit the City had issued. In so doing, the Court brought a measure of certainty to the circumstances in which a constitutional duty to consult First Nations can arise.

Since 2004 and the landmark decision of the Supreme Court of Canada in Haida Nation v. British Columbia (Minister of Forests),1 it has been clear that the Crown owes a constitutional duty to consult First Nations wherever the Crown contemplates a decision that may have an adverse impact on claimed Aboriginal rights or title. The duty to consult is grounded in the "honour of the Crown", which requires that, while the process of negotiating claims continues, the Crown must consult and, where appropriate, accommodate Aboriginal interests to ensure that

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