The Supreme Court clarified the “triggers” for the duty to consult and affirmed that the duty arises when the Crown has actual or “constructive knowledge” where the Crown has reason to “reasonably suspect” that the lands have been traditionally occupied
Recognition as the basis for Reconciliation. Read the Case Review here [PDF].
The advantages, disadvantages & strategies of using litigation when considering whether to take a government to court on decisions potentially affecting aboriginal and treaty rights. Read the Speaking Notes [PDF].
In Blaney et al v. British Columbia (The Minister of Agriculture Food and Fisheries) et al. , 2005 BCSC 283, British Columbia Supreme Court Justice Powers applied the recent SCC decisions in Haida and Taku to rule that the Provincial