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Supreme Court of Canada Dismisses Leave to Appeal in Louis

Fasken
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Aboriginal Law Bulletin

On February 27, 2014, the Supreme Court of Canada dismissed an application for leave to appeal the British Columbia Court of Appeal decision in Louis v. British Columbia (Minister of Energy, Mines, and Petroleum Resources), 2013 BCCA 412.

The Court of Appeal had found that the Crown met its obligations to consult the Stellat’en First Nation in the context of a series of applications related to the proposed expansion of the Endako Mine by Thompson Creek Metals Company Inc. In a decision by Mr. Justice Groberman, the Court found that the consultation on such an expansion could proceed on an application-by-application basis. The Stellat’en had asserted that it was incumbent upon the Crown to engage in consultation over high-level strategic planning and not piecemeal. The Court held that the consultation record demonstrated that the Crown officials made adequate efforts to determine whether the application before them might have adverse effects on asserted Stellat’en Aboriginal rights – and that was sufficient to meet the duty to consult in these circumstances.

For further information on Louis, please see our bulletin on the Court of Appeal’s decision.

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