Industry proposals to develop natural resources in B.C. often trigger a duty by the Crown to consult with potentially affected First Nations. These consultations create two types of risk. First, consultations could go on indefinitely. Second, deficient consultations could lead the courts to suspend or rescind Crown approvals to industry. For example, B.C. and Ontario courts recently rescinded, respectively, a fish farm licence amendment and a mineral exploration permit due to deficient consultations (Homalco (2005) and Platinex (2006)). The courts have in recent years provided some guidance on how proponents can mitigate against the risks associated with defi cient Crown consultation. This article outlines six risk basic principles which should inform a risk mitigation strategy.

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