On October 28, 2010 the Supreme Court of Canada rendered a decision in the case of Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council. 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 by an aboriginal community.

Link to the Decision
Peter Grant: Case Commentary [PDF,121 kb]

Supreme Court of Canada Re-enforces Crown’s Duty to Consult and Obligation to Uphold Honour of the Crown