In Gitxaala Nation v Canada (“Northern Gateway”, or “FCA decision”)2, a 2-to-1 majority of the Federal Court of Appeal quashed the June 2014 Order in Council that required the National Energy Board (“NEB” or “Board”) to issue Certificates of Public […]

Introduction This coming fall—November 18, 2014—will mark ten years since the Supreme Court of Canada released two seminal decisions on the Crown’s duty to consult Aboriginal peoples: Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73 and Taku […]