Bennett Jones
The appeals court’s decision may help future energy projects by clarifying how proponents need to engage with First Nations affected by their operations, said Vivek Warrier, the co-head of the energy industry team at Bennett Jones LLP in Calgary.
“It will put down a marker, from a long-term perspective, as to what consultation needs to look like,” Warrier said in an interview before the ruling was released. “From a legal perspective, we’d love to have a bright line drawn by the Federal Court of Appeal saying what is required and if you’ve met that threshold, then you’ve undertaken adequate consultation.”