Taku River Tlingit First Nation v. British Columbia (Project Assessment Director)[1] – Supreme Court of Canada, 2004
The unanimous decision in the Taku case provided much needed clarification of the duties of consultation and accommodation in respect of government decisions, which may impact asserted Aboriginal rights.
Applying Haida Nation, the Court ruled that the Crown owed a duty to consult meaningfully with the Taku River Tlingit First Nation (TRTFN) regarding the decision to re-open the Tulsequah Chief Mine, and to permit Redfern Resources Ltd. (the mine operator) to build a 160 kilometre access road through a portion of their traditional territory. However, the Supreme Court also found that the duty of consultation was met by TRTFN’s extensive involvement in the three and a half year review process conducted under B.C.’s Environmental Assessment Act.
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