logo
Skip Navigation Links Home        Webinars & Training        New & Notable        News Item Details
Print Share This Page

News Item Details

Jul 26, 2017

Two Supreme Court of Canada Decisions: Treaty Rights - Duty to Consult


The Supreme Court of Canada released the following two decisions:

Clyde River (Hamlet) v. Petroleum Geo‑Services Inc., 2017 SCC 40, File no. 36692

(Constitutional law — Inuit — Treaty rights — Crown — Duty to consult — Decision by federal independent regulatory agency which could impact upon treaty rights — Offshore seismic testing for oil and gas resources potentially affecting Inuit treaty rights — National Energy Board authorizing project — Whether Board’s approval process triggered Crown’s duty to consult — Whether Crown can rely on Board’s process to fulfill its duty)

Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2017 SCC 41, File no. 36776

(Constitutional law — Aboriginal rights — Treaty rights — Crown — Duty to consult — Decision by federal independent regulatory agency which could impact Aboriginal and treaty rights — Pipeline crossing traditional territory of First Nation — National Energy Board approving modification of pipeline — Whether Board’s contemplated decision on project’s approval amounted to Crown conduct triggering duty to consult — Whether Crown consultation can be conducted through regulatory process — Role of regulatory tribunal when Crown not a party to regulatory process — Scope of duty to consult)

Back

Search

Search the News Archives

Need Help?

Found a broken link? Our New & Notable feed is intended to be a current awareness service. Over time, links to external sites may change. If a link doesn't work, try searching the internet for the page or document you're looking for. Or, you can contact us and we'll help you find it.  

Please Upgrade Your Browser

This site's design is only visible in a graphical browser that supports web standards, but its content is accessible to any browser or Internet device.