The Northern Gateway Pipeline and the purpose of ‘duty to consult’

The recent Federal Court of Appeal decision to quash the Enbridge Northern Gateway pipeline approval on the basis of inadequate consultation with affected aboriginal communities has, unsurprisingly, garnered significant attention in the media. This is no doubt due to the high-profile nature of the controversial pipeline, but the decision also provides an interesting window into the current state of the law relating to the duty to consult.The process of government consultation with aboriginal groups over the Northern Gateway pipeline was arguably among the most extensive of any resource project in Canadian history. The Government of Canada accepted from the outset

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