The applicants sought judicial review of the Crown's decision to enact amendments to the Environmental Assessment Act and revoke the Forestry Regulation, arguing these actions breached the Crown's duty to consult under s. 35 of the Constitution Act, 1982.
The Divisional Court dismissed the application.
The majority held that the duty to consult does not apply to the legislative process, relying on Mikisew Cree.
Regarding the revocation of the Forestry Regulation, the majority found no constitutional duty to consult as the revocation did not adversely affect Aboriginal or treaty rights, and even if a duty existed, it was at the low end of the spectrum and the Crown's consultation was adequate.
