We just won a case in Federal Court quashing a permit issued to an exploration company that was operating on First Nations land without their consent. The decision, attached here, is a great win for the Yellowknives Dene and Lutsel Ke’e First Nations. The judge found that the company “did not act in accordance with the Board’s guidelines on consultation. There were no face-to-face meetings with chiefs on issues; no real meetings with the communities and no attempt to address any of the communities’ or leaders’ ideas into [the company’s] proposal. [The company] simply refused to negotiate. INAC did nothing more than accept [the company’s] assurances and advise the Board that consultation had occurred. There was no independent inquiry by either body much less an “opportunity to be heard” for the Applicants. These actions (or lack thereof) were contrary to the Board’s obligations and to the principles of fairness. Therefore, the Permit cannot stand.” OKT associates Matt McPherson and Judith Rae were invaluable co-pilots on this case. Congratulations to all!

T-1349-09 correction

By Kate Kempton

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