The Province of British Columbia granted a project approval certificate to a mining company to reopen a mine, which included building an access road through the traditional territory of the Taku River Tlingit First Nation (TRTFN).
The TRTFN objected, arguing their unproven Aboriginal rights and title claims were not adequately accommodated.
The Supreme Court of Canada held that the Crown has a duty to consult and, where indicated, accommodate Aboriginal peoples prior to proof of rights or title claims, grounded in the honour of the Crown.
However, the Court found that the environmental assessment process engaged in by the Province fulfilled this duty, as the TRTFN was consulted and its concerns were reasonably accommodated in the project approval conditions.
