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December 01, 2016

Aboriginal Consultation and Administrative Proceedings: Two Cases Heard by the SCC in November

For Indigenous law watchers, November 30, 2016 was a notable day. The Supreme Court of Canada (SCC) in a day long sitting heard Hamlet of Clyde River v TGS-NOPEC Geophysical Company ASA (TGS) and Chippewas of the Thames First Nation v Enbridge Pipelines Inc.

Both cases are on appeal from the Federal Court of Appeal (FCA) and should clarify the role of administrative tribunals in satisfying the Crown’s duty to consult and accommodate. The SCC will consider whether administrative boards may discharge the Crown’s duty or simply have an obligation to assist in the consultation process conducted by the Crown.

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