FMC Partner Wally Braul photographed and quoted in theNational Poston the duty to consult

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August 18 2010

Aboriginal rights claims are increasingly tying up major energy sector projects. The emergence of claims is resulting from the Supreme Court of Canada’s trilogy of legal cases in 2004 and 2005, which held that federal and provincial governments have a duty to consult with aboriginal groups before allocating resources that might adversely affect aboriginal rights.

Wally Braul, a partner in FMC’sAboriginal Group, says: "The duty to consult is triggered when the Crown knows or should know that its actions might affect constitutionally protected rights."

With a growing expectation from First Nations for economic benefit from energy projects, the challenge for companies will be how to measure, manage and mitigate risk in the consultation process.

For more information, please read Julius Melnitzer’s National Post article, 

target="_blank">The Duty to Consult

News Source : FMC Partner Wally Braul photographed and quoted in theNational Poston the duty to consult