What is the appropriate order to compel the Minister of Justice to reconsider his decision not to issue an interim order in the context of the Da'naxda'xw?
British Columbia, Canada
The following excerpt is from Da’naxda’xw/Awaetlala First Nation v. British Columbia (Environment), 2011 BCSC 620 (CanLII):
The government submits that the appropriate order in these circumstances is one directing the Minister to reconsider his decision after carrying out the appropriate level of consultation. It says that the order sought by the Da’naxda’xw is akin to mandamus and the jurisdictional prerequisites for the issuance of such an order have not been met, citing Apotex v. Canada (Attorney General), [1994] F.C. 742, aff’d 1994 CanLII 47 (SCC), [1994] 3 S.C.R. 1100.
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