Canada's Supreme Court sides with First Nations

Canada
Canada's Supreme Court sides with First Nations
Friday, November 19, 2004

Governments have a legal obligation to consult with First Nations about the use of traditional territory even if aboriginal title hasn't been proven, Canada's Supreme Court ruled on Thursday.

The court issued two decisions involving First Nations from British Columbia. In the first case, the court said province did not adequately consult the Haida Nation before issuing a timber license on traditional land. The decision was unanimous.

In the second case, the court said the Taku River Tlingit First Nation was consulted before province approved the reopening of a road leading to a mine. The decision was also unanimous.

The court did not extend the duty to consult to private companies. In the Haida Nation case, the B.C. Court of Appeal had ruled that Weyerhaeuser Co. had an obligation.

The court did not say governments must obtain full consent from First Nations. "The Crown is not under a duty to reach an agreement; rather, the commitment is to a meaningful process of consultation in good faith," the court wrote in the Haida Nation case.

The rulings are expected to have an impact throughout Canada. Manitoba and Quebec are the only provinces that have not challenged their duty to consult.