This appeal considered whether the Crown’s duty to consult Indigenous peoples can be fulfilled through the National Energy Board process for a pipeline modification.
The Court held that the Board’s approval decision was Crown conduct that engaged the duty to consult, and that the Crown may rely on a regulatory process where statutory powers and process are sufficient.
On the facts, the Court found meaningful participation, assessment of potential impacts, and accommodation conditions imposed on the proponent.
The consultation obligation was met and the appeal was dismissed.
