Over the past two decades, there have been significant developments in the law regarding the nature, scope, and extent of Aboriginal interests in Canada. Over the past two years, there has been notable clarification of the law as it relates specifically to Crown obligations to consult with Aboriginal people and, where indicated, to accommodate Aboriginal interests prior to making project approval decisions that may impact these interests.

Despite this welcome clarification, many key aspects of this dynamic area of the law remain unclear, including the nature of the specific role that resource developers are to play in these consultation and accommodation processes; the question of when the Crown’s duty to accommodate, in addition to and as a result of consultation efforts, will be triggered; and the specific types of measures that will be required of the Crown in order to successfully discharge its accommodation obligations if they are triggered in any particular instance.

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