Lexpert Summary

Here’s our Lexpert summary of key developments in the area of Aboriginal law over the last year, including discussion of the recent Supreme Court decision in Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council — a key case involving issues such as the trigger for the duty to consult, which Crown agency has the duty to consult, and which tribunals should consider whether or not the duty had been fulfilled. The summary also touches on Beckman v. Little Salmon/Carmacks First Nation, a Supreme Court case that considered how the duty to consult and accommodate applies when the underlying right flows from a modern treaty.
Lexpert 2011 final

By Roger Townshend