Regulatory and Policy Updates

Co-Management and Crown Consultation – Where Have We Gotten To?

Tuesday, November 20, 2018 - 09:20 to 09:39 Theatre 3


J. Donihee (Presenting)
Willms & Shier Environmental Lawyers LLP

Recent Supreme Court of Canada decisions in Chippewas of the Thames and Clyde River indicate that the Crown’s Duty to Consult may be satisfied by the proceedings conducted by co-management (administrative) tribunals. Governments have begun notifying Aboriginal rights holders that they will rely on these proceedings to satisfy their consultation obligations. Is it as simple as that? This presentation will review the law on consultation and provide a realistic assessment of the role of co-managers in Crown consultation.