The Court allowed the appeal and quashed the National Energy Board authorization for offshore seismic testing in Baffin Bay and Davis Strait.
It held that the Board’s approval process triggered the Crown’s duty to consult, and that the Crown may rely on a regulatory process to fulfill consultation obligations where that process is adequate.
On these facts, consultation was inadequate given the significance of Inuit treaty harvesting rights, the potential impacts of testing, limited participation opportunities, and insufficient accommodation.
