Supreme Court of Canada releases landmark decisions on role of regulatory bodies in fulfilling the Crown’s duty to consult with Indigenous peoples – Gowling

On July 26, 2017, the Supreme Court of Canada released two landmark decisions in the companion cases of Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al. andHamlet of Clyde River, et al. v. Petroleum Geo-Services Inc. (PGS), et al.

These cases were heard by the Supreme Court on November 30, 2016. Together, they raise the important question of the proper role of administrative boards and tribunals in ensuring the Crown’s duty to consult and accommodate Indigenous people is fulfilled prior to the issuance of decisions with the potential to affect Indigenous rights.

The Court dismissed the appeal in Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al., holding that the National Energy Board (the “Board”) adequately consulted the Chippewas of the Thames First Nation (the “Chippewas”) and that the potential impacts of the approved project were minimal.  The Court found that the Board adequately consulted prior to approving the proposed project by taking actions, such as issuing notice to the Chippewas with regards to the Board’s process and role, and granting funding to ensure that the Chippewas did, in fact, participate by filing written submissions and making oral submissions at the hearing.

Read More: https://gowlingwlg.com/en/canada/insights-resources/supreme-court-of-canada-releases-landmark-decisions-on-role-of-regulatory-bodies-in-fulfilling-the-crown%E2%80%99s-duty-to-consult-with-indigenous-peoples