What is the scope of the duty to consult and what is the impact of the Project on treaty rights?
British Columbia, Canada
The following excerpt is from The Fort Nelson First Nation v BC Oil and Gas Commission, 2017 BCSC 2500 (CanLII):
However, it is clear from the case law that while the duty to consult is not triggered by historical impact and is not a vehicle to address historical grievances, it may be impossible to understand the seriousness of the impact of the Project on treaty rights without considering the larger context. The cumulative impacts of the Project on treaty rights and historical context may inform the scope of the duty to consult as set out in West Moberly at paras. 117 to 119, and approved of in Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2017 SCC 41 at paras. 41-42.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
What is the test for determining whether the Human Rights Tribunal of BC has jurisdiction to hear a human rights complaint against the respondent? (British Columbia, Canada)
Is a statutory right of way an absolute right? (British Columbia, Canada)
What is the impact of section 7 of the Canadian Bill of Rights on "due process"? (British Columbia, Canada)
What is the current state of the law with respect to the scope and scope of a document request? (British Columbia, Canada)
What is the impact of a finding under s. 15(1) of the Canadian Human Rights Code? (British Columbia, Canada)
What is the scope and scope of section 65(1)(f) of the Rules of Civil Procedure for Divorce? (British Columbia, Canada)
What are the respective rights of the parties when an easement holder asserts a right to fence lands owned by a servient property? (British Columbia, Canada)
What is the scope of the Chekonein Treaty? (British Columbia, Canada)
What is the impact of the FLIR device on privacy rights? (British Columbia, Canada)
