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Consultation 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.

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Reconciliation through litigation

As this paper suggests, litigation has played and will continue to play an essential role in achieving reconciliation by more clearly defining rights in difficult areas and advancing negotiations on important issues that might otherwise be irreconcilable. In fact, litigation and negotiation can intersect very comfortably with one another and lay groundwork for achieving reconciliation.

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The Squamish Nation assessment process: Getting to consent

When major projects are proposed in their territories, rather than treated as governments with decision making authority, the Crown tends to treat First Nations like any other stakeholder in the environmental assessment process. This paper discusses the Squamish Nation 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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Ready when you are

Our lawyers offer a broad range of experience and expertise, with a client-first philosophy to help you achieve your goals.