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Environment • Aboriginal • Energy

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July 31, 2017

Heavy Lies the Head that Wears the Crown: SCC Delivers Clyde River and Chippewas Judgments

On July 26, 2017, the Supreme Court of Canada released its unanimous decisions in Clyde River (Hamlet) v Petroleum Geo-Services Inc. and Chippewas of the Thames First Nation v Enbridge Pipelines Inc. The Court clarifies that while the duty to consult rests with the Crown, the decisions of administrative tribunals can constitute “Crown conduct” that triggers the duty to consult.

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