Consultation and Accommodation

Supreme Court of Canada Affirms Modern Treaties Must Be Honoured

On December 1, 2017, the Supreme Court of Canada (“SCC”) released First Nation of Nacho Nyak Dun v Yukon, 2017 SCC 58 [Yukon], an important decision concerning the interpretation of modern treaties and, in particular, the Crown’s obligations in land use planning processes established by Yukon Final Agreements. Although this case does not change the […]

Considering the Role of Regulatory Bodies in Satisfying the Crown’s Duty to Consult: Chippewas of the Thames v Enbridge; Clyde River v Petroleum Geo-Services.

On July 26, 2017, the Supreme Court of Canada (“SCC”) released two decisions, Clyde River (Hamlet) v Petroleum Geo-Services Inc., 2017 SCC 40 [Clyde River] and Chippewas of the Thames First Nation v Enbridge Pipelines Inc., 2017 SCC 41 [Chippewas], that provided much needed clarification on the role of the National Energy Board (“NEB”) and […]