indigenous people

One of the world’s largest sustainable development agencies has worked with energy companies to quash opposition and keep oil flowing, even in sensitive areas.

Proponents seeking to develop large energy, infrastructure, and mining projects in Canada face significant uncertainty regarding future requirements for engaging with Indigenous peoples. These requirements may be influenced by a number of factors.

The decisions of Canada’s top court clarify when the duty to consult is triggered; confirmed that the Crown can discharge its duty to consult through the project approval process undertaken by the regulatory body; and illustrated how to, and how not to, discharge the duty.

The Supreme Court of Canada has unanimously clarified several features of the crown’s duty to consult with and accommodate indigenous populations before project approvals are granted.