Sean Sutherland Sean Sutherland

Reconciliation and the Crown’s duty to consider Indigenous groups’ economic interests

Amid ongoing litigation across the country, courts and the Government of Canada disagree on whether reconciliation requires Crown decision-makers to...

Federal Court recognizes the Crown’s duty to consult on economic benefits linked to Aboriginal rights

On July 19, 2021, Canada’s Federal Court released its decision in Ermineskin Cree Nation v Canada (Environment and Climate Change), 2021 FC 758...

Appeal Court finds fresh duty to consult triggered by evolving science identifying novel adverse impacts

Appeal Court finds fresh duty to consult triggered by evolving science identifying novel adverse impacts

Alberta Court of Appeal decision clarifies judicial review of administrative decisions in the absence of reasons and treatment of quarries under Alberta’s environmental assessment regime

The Alberta Court of Appeal reversed the judicial review decision of the Alberta Court of Queen’s Bench and held that the Director's decision that...

Alberta Court gives Cabinet 10 days to decide on oil sands project

The Court found an unjustified 19-month delay to be “abusive” and ordered Cabinet to decide within 10 days whether to approve Prosper Petroleum...

Supreme Court Majority alters framework for judicial reviews and statutory appeals

On December 19, 2019, the SCC issued its decisions in Canada (Minister of Citizenship and Immigration) v. Vavilov and Bell Canada v. Canada (Attorney...

Resource projects and Indigenous consultation – What is best practice after a year of uncertainty?

In 2018, we saw the law of consultation evolve further after the release of new (and highly anticipated) decisions from the Supreme Court of Canada...

Supreme Court creates uncertainty in finding no duty to consult during the law-making process

In its much anticipated decision in Mikisew Cree First Nation v. Canada (Governor General in Council), the Supreme Court of Canada definitively...

Divided Supreme Court suggests standard of review framework is unsettled

The SCC’s split decision in Canada (Canadian Human Rights Commission) v. Canada (Attorney General), issued June 14, 2018, is an indication that the...

Federal Court of Appeal upholds Canada’s post-Northern Gateway consultation process

In Bigstone Cree Nation v. NOVA Gas Transmission Ltd., the Federal Court of Appeal upheld the Governor in Council’s decision to approve the 2017...