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Canadian courts continue to address issues concerning aboriginal rights and the interests of various natural resource sector participants. Last month, the British Columbia Supreme Court issued reasons for judgment in a decision of interest to the natural resource industry. The decision is Hupacasath First Nation v. British Columbia (Minister of Forests), 2005 BCSC 1712, and what makes it particularly interesting is its discussion of the Crown’s duty to consult and accommodate concerning not Crown land, but privately owned land.
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