Quebec (Attorney-General) v. Moses

Supreme Court of Canada – [2010] 1 S.C.R 557

Quebec ConsultationEnvironmental assessmentTreaties

Summary

Because of this decision, both federal and provincial environmental assessment processes must be conducted in some cases, sometimes resulting in duplication.

The Court addresses the interpretation of modern treaties such as the James Bay Northern Quebec Agreement. It concludes that since they resemble modern contracts a lot more than historical treaties, they should not be interpreted with the same liberal rules.

Issue

Does the JBNQA exempt a mining project within its territory from an independent environmental assessment inquiry by the federal government?


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Taku River Tlingit First Nation v. British Columbia

Supreme Court of Canada – [2004] 3 S.C.R. 550

British Columbia ConsultationEnvironmental assessmentHonour of the Crown

Summary

This decision was delivered on the same day as Haïda. It is one of the most referred to cases in Aboriginal peoples’ consultation and accommodation.

The Supreme Court establishes that the Crown does not have to create an independent consultation process for Aboriginals. Consultation can be included in broader environmental evaluation processes.

Issue

Did the province correctly consult and accommodate the Taku River Tlingit First Nation?


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