Two Significant Duty-To-Consult Cases Released In Alberta And British Columbia Courts

Alberta: Lameman v. Alberta, 2013 ABCA 148

The Beaver Lake Cree Nation (BLCN) brought a Statement of Claim before the Alberta Court of Queen's Bench alleging that the Alberta and federal governments have failed to adequately discharge their duty to consult in issuing 19,000 authorizations for 300 projects related to oil sands development in Alberta. The BLCN argues that the cumulative effects of the 300 projects have hindered or prevented the BLCN from exercising its treaty rights. The BLCN alleges that by failing to consider cumulative effects during the approval process, the governments have not satisfied...