Saskatchewan Court Holds That Duty To Consult Not Triggered For Crown-Issued Oil Sands Exploration Permits

The Saskatchewan Court of Queen's Bench held in Buffalo River Dene Nation v The Minister of Energy and Resources and Scott Land & Lease Ltd, 2014 SKQB 69, that a decision of the Minister of Energy and Resources to post for sale and subsequently issue two oil sands special exploratory permits did not trigger the duty to consult and accommodate, as the issuance of the permits did not amount to a decision that could affect the use of the lands covered by Treaty 10.

The question of whether the posting for sale and issuance of oil and gas exploration permits triggers the duty to consult had previously been undecided, although similar challenges by First Nations groups to leases granted by a province for Crown-owned mineral rights have previously been...