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Duty to Consult does not Apply to all Aboriginal Concerns

Canada - April 11 2017 It is relatively common knowledge that the government has a “duty to consult” aboriginal groups when undertaking actions or making decisions that…

Joan M. Young

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act or the Criminal Code of Canada?

Canada, United Kingdom, USA - June 15 2021 Government news releases issued on a Friday are known to receive the least attention - and thus warrant the most scrutiny. On Friday, June 11, 2021…

Timothy Cullen, Guy Pinsonnault

Court of Appeal Holds Duty to Consult Does Not Apply to Statutory Interpretation

Canada - January 5 2017 There is a common misconception that the Crown's duty to consult Aboriginal peoples is unstructured and uncertain, and a related misconception that…

Joan M. Young

BC Court of Appeal overturns decision and finds duty to consult met in environmental assessment

Canada - November 23 2012 On November 22, 2012 in Halalt First Nation v British Columbia, 2012 BCCA 472, the BC Court of Appeal overturned the decision of a Chambers Judge regarding the BC Environmental Assessment Office's duty to consult and accommodate the Halalt First Nation with respect to a water well project.

What does aboriginal title mean for mining in British Columbia?

Canada - July 8 2014 The recent decision of the Supreme Court of Canada in Tsilhqot'in v. BC 2014 SCC 44 has received a great deal of attention and has caused people to…