The BC Court of Appeal holds that the duty to consult must focus on novel impacts of Crown approval for a project—not past wrongs—and also holds that the Crown may take an incremental partial approach to consultation where an industry actor is seeking individual permit approvals in the context of a larger project.

The Joint Review Panel held that it did not have statutory authority to consider the adequacy of Crown consultation in relation to the proposed project.

We enclose an update of some recent noteworthy cases and developments concerning aboriginal law and the duty to consult.

On March 18, 2013, the Court of Appeal released its highly anticipated decision in Keewatin v Ontario (Minister of Natural Resources).

In December 2012, a three-judge Court of Appeal for Yukon decided unanimously that the recording of a mineral claim by the Mining Recorder, pursuant to Yukon’s Quartz Mining Act (the Act), triggers the duty to consult.