The applicants, Saugeen First Nation and Chippewas of Nawash Unceded First Nation, sought judicial review of the Minister's decision to issue a limestone quarry license to the respondent proponent.
The applicants argued the Crown failed to fulfill its constitutional duty to consult and accommodate their Aboriginal and treaty rights.
The Divisional Court found that while the duty to consult was triggered and assessed at the middle of the spectrum, the Crown failed to discharge this duty by repeatedly changing its consultation process, failing to provide agreed-upon capacity funding for expert reviews, and prematurely issuing the license.
The application was allowed, the license was set aside, and the matter was remitted for adequate consultation.
