the latest

Tom Isaac Discusses Recent SCC Decisions Regarding the Duty to Consult


Thomas Isaac was quoted in the National Observer’s story “Supreme Court Rebukes Energy Regulator for Clyde River Consultation” on two recent decisions of the Supreme Court of Canada that provided clarity around the degree to which oil and gas companies have a duty to consult with Aboriginal communities.

Writes Mia Rabson, “In both cases, the court upheld that the NEB is capable and allowed to fulfil the Crown’s duty to consult Indigenous groups about development projects in their traditional territories, as long as that consultation is robust.”

Tom says the decisions are a good day for Canada because the courts have outlined in some very specific ways what did and didn’t qualify as acceptable consultation. “There isn’t a grey cloud of legal uncertainty over Canada on the duty to consult,” said Isaac. “They have filled in the blanks on what good consultation looks like and what bad consultation looks like.” He said the decisions in a way form a blueprint for future development reviews and decisions.

Read the full story here.