| Citation: |
Treaty One First Nations v. Canada (Attorney General), 2009 FC 484, [2009] 3 F.C.R. D-17 |
T-225-08, T-921-08, T-925-08 |
Aboriginal Peoples
Duty to consult—Applications for declaratory, prerogative relief regarding three decisions of Governor in Council approving issuance by National Energy Board (NEB) of Certificates of Public Convenience and Necessity for construction of pipeline projects involving land subject to outstanding treaty claims—Content of Crown’s duty to consult proportionate to potential strength of claim, right asserted, anticipated impact of project on interests—Evidence failing to identify substantial interference with specific, tangible interest not capable of being resolved within regulatory process—NEB process of consultation, accommodation sufficient to address specific concerns of Aboriginal communities potentially affected by pipeline projects—As applicants’ responsibility to use accessible regulatory procedures, failure to avail themselves fully of opportunity to be heard before NEB not justifying demand for separate, discrete consultation with Crown—Consultation duty fulfilled by notices of NEB proceedings, opportunities therein for consultation, accommodation—Impact of projects on claims negligible, as pipelines built over land unlikely available for land claims settlement, largely below ground, unobtrusive—Applications dismissed.
Treaty One First Nations v. Canada (Attorney General) (T-225-08, T-921-08, T-925-08, 2009 FC 484, Barnes J., judgment dated May 12, 2009, 29 pp.)