Louis v. British Columbia: Crown Acted Honourably – Discharged Its Duty To Consult Obligation

It looks like Chief Reginald Louis and members of the Stellat’en First Nation are out of luck.  They sought judicial review and a number of orders on the basis that the provincial Crown (B.C. Ministry of Energy, Mines and Petroleum Resources) failed to adequately and meaningfully consult them.  Their concern was in relation to a mine located on land over which they have asserted Aboriginal title and rights.  Here’s the decision.

242          In the circumstances as put before me, Crown acted honourably in its efforts to consult Stellat’en on TCMC’s proposed expansion of the Endako Mine. It correctly determined the scope of its duty to consult Stellat’en and then engaged in consultation that is adequate and reasonable in the circumstances. The Provincial Crown has discharged its duty to consult. No duty to accommodate arose from the consultation process.

243          The petitioners’ claims for relief are dismissed.

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