Haida Nation v. B.C. and Taku River Tlingit First Nation v. B.C.
Date:
November 1 2004
On November 18, 2004, the Supreme Court of Canada released the anticipated decisions in Haida Nation v. British Columbia (Minister of Forests) and Taku River Tlingit First Nation v. British Columbia (Project Assessment Director). The cases were heard concurrently and both address the duty to consult with and, where indicated, accommodate Aboriginal peoples. Specifically, the Haida case deals with the issues of (1) whether the Crown has a duty to consult with and accommodate Aboriginal peoples prior to making decisions that might adversely affect their unproven Aboriginal rights and title claims; and (2) whether a company may owe an independent duty to consult with and accommodate a First Nation, a duty which previously had been imposed on the Crown alone.
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