What is the current state of the law on the duty of consult with first nations?
British Columbia, Canada
The following excerpt is from Upper Nicola Indian Band v. British Columbia (Environment), 2011 BCSC 388 (CanLII):
The Petitioner First Nations also argue that the decision of Tysoe J., as he then was, in Gitxsan v. British Columbia (Minister of Forests), 2002 BCSC 1701 [Gitxsan] supports the notion that once a duty to consult is triggered, the scope and content of the duty includes existing and ongoing impacts of past actions.
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