Here.

In determining whether the duty to consult was fulfilled, courts must consider whether the Crown met its duty to act honourably and provide a meaningful process of consultation, not whether the Crown and the First Nation reached agreement. As McLachlin C.J.C. instructed in Haida Nation at para. 63, the focus is not on the outcome, but on the process of consultation and accommodation. Accordingly I must decide whether the consultation process that took place fulfilled the Crown’s duty to provide a meaningful mid-range consultation.

***

As much as the Minister’s office was entitled to review and inform itself from and to a degree rely upon the engagement record, the Haida Nation duty to consult ultimately rested with the Province. It is only the Crown in right of the Province who had the ability to provide sufficient remedies to achieve meaningful consultation and accommodation: Rio Tinto at paras. 59-60. As the British Columbia Court of Appeal made clear in Neskonlith Indian Band at para. 68, local governments lack the authority to engage in a nuanced and complex constitutional process.
In my view the Province failed to ensure that the parties to the consultation understood the differences between the two types of consultation processes required. This confusion led to frustration, particularly on the part of the Nations, as the parties with the responsibility and authority were not at the table until the matter reached the Minister’s office in December 2012. The Province was obliged to make the s. 35 consultation process “as transparent as possible” and clearly articulate what roles the municipality and the Province were playing in carrying out the consultation: Ke-Kin-Is-Uqs v. British Columbia (Minister of Forests),2008 BCSC 1505 (CanLII), 2008 BCSC 1505 at para. 147.
Once the Ministry received Whistler’s engagement record, I am of the view that the consultation process engaged in by the Province relied almost exclusively on Whistler’s engagement record. The Province made little attempt to engage in its own consultation:  it held no face to face meetings with representatives of the Nations; it made no attempt to involve any other Ministry with whom the Nations dealt in other ongoing negotiations; and it denied requests for further consultation because of time constraints imposed by the upcoming election.

Although the Province had no obligation to agree with or accept the Nation’s position, the position of the Province, from beginning to the end of the short consultation period remained intransigent.  While appearing to listen the Crown was, in my view, in fact locked into its position from the beginning and ultimately closed the door to further discussions, advising the Nations the OCP had to be approved before the election writ dropped, thus foreclosing any further consultation.