Vancouver Partner Zach Romano comments on the duty to consult Indigenous peoples in relation to mining projects in an article published in Lexpert’s special mining edition.
He analyzes the evolving case law across Canada regarding the duty to consult, the uncertainty surrounding the level of consultation required for specific projects, and the importance of engaging early and meaningfully with Indigenous communities affected by development initiatives.
“In all cases, consultation should begin before positions harden, so at the planning stage, not after a project is fully designed or permit applications are well underway,” Romano says. “Your consultation process should respect Indigenous peoples as rights holders and governments, not simply as stakeholders whose concerns just need to be managed.”
