The Duty to Consult – A Narrow Vision – First People’s Law

First Nations across Canada are frustrated with a lack of land use planning and consideration for the cumulative environmental effects of development on their lands. This recent decision from the Federal Court of Appeal exemplifies their concerns and illustrates how difficult it is to get the courts to address them.

What it is about

The Drybones Bay area on the north shore of Great Slave Lake in the Northwest Territories is of great importance to the Yellowknives Dene First Nation. In recent years it has also become the focus of increasing mineral exploration. Local First Nations have repeatedly warned that their Aboriginal and Treaty rights are being eroded due to the cumulative environmental effects of the various projects and a lack of land use planning.

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