The Province’s “new approach to litigation” seeks to transform the government’s relationship with Indigenous peoples by prioritizing alternative dispute resolution and negotiated settlement over adversarial, courtroom litigation that presents challenges to achieving reconciliation.
Continue readingConsultation and Accommodation Update
The duty to consult articulated by the Supreme Court of Canada in Haida Nation v. British Columbia in 2004 continues to play an important and prevalent role in the process of Crown-First Nations reconciliation. This paper discusses the state of the law of consultation in 2013.
Continue readingThe Squamish Nation assessment process: Getting to consent
Overview of Squamish Nation’s environmental assessment process, which was designed to parallel Crown environmental assessment processes and ensure project impacts on the Nation’s rights and title interests are understood and properly avoided or mitigated.
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