Tag Archives: ‘Duty’ to Consult and Accommodate

‘Race Based Court Decisions Damaging Economy’


“What has happened to ‘Trans Mountain’ is not surprising. This is the third time in 12 years that the Federal Court has blocked a major pipeline proposal on grounds of ‘insufficient consultation’ {with only aboriginal Bands, NOT the rest of Canadians}, following the Mackenzie Valley natural-gas pipeline in 2006 and the Northern Gateway oil pipeline in 2016. In each case, the proposal was backed by many ‘First Nations’ {aboriginal} and Métis {mixed race} organizations, but a small number of ‘First Nations’ (six, in the case of Trans Mountain) were able to get a court to rule that some phase of ‘consultation’ had been inadequate. 

Continue reading ‘Race Based Court Decisions Damaging Economy’

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‘Bad For Democracy’


“Nine people — unelected people — apparently have the power to determine “what’s best for Canadian society”. With no reference to “the law”.

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“What high Canadian official do you suppose recently said the following words:

“My job is simply to listen to what the parties have to say, and to do my best to understand the position, the ramifications of deciding one way or the other, to think about what’s best for Canadian society on this particular problem that’s before us, and give it my best judgment … ”

“Important work indeed. Sounds like a legislator. Perhaps a member of Parliament, a cabinet member, maybe even the Prime Minister? Continue reading ‘Bad For Democracy’

‘Dealing With Dysfunction’


Instead of accommodating race laws, it would be far better for everyone if industry would release statements to the Canadian people on the ridiculousness of this system, and the limited economic future that awaits Canada if we continue down this path.

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The ‘Consult and Accommodate’ dictum is nothing but structural racism and it is historically and legally unjust, based on erroneous rulings from a Supreme Court that puts the earnings of the legal profession ahead of the welfare and future of Canada. It forces companies to deal with {‘bribe’} numerous Band councils, the majority of which are, at worst, dysfunctional, and at best, simply corrupt.

Both the Chief in the story below, and the Supreme Court, need a quick refresher course on the Treaties {in this case, the ‘James Bay Treaty’}, which they – and you – can find immediately after this news story:  Continue reading ‘Dealing With Dysfunction’

‘Shooting Ourselves in the Foot…’


With an Aboriginal Industry constantly taking economic projects to court, the effects of Race Based Law are being felt more and more: 

“Canada’s business climate is becoming increasingly uncertain and we see this as a problem.

“Prudent investors look for certainty and stability when they shop their dollars around. If Canada wants to attract the investment it needs to sustain a robust economy, it must present a vastly different picture from the one it’s displaying now.

“If Canada becomes known for a business environment subject to continuing and extended government approval delays, course-changes, {court challenges} and not keeping up its end of the bargain, potential investors will take their business elsewhere, hurting everyone in Canada. ERBLShootingOurselvesInTheFoot800x800“The most recent illustration popped up right in our backyard. The Federal Court of Appeal last month overturned the federal government’s approval of the Enbridge ‘Northern Gateway’ pipeline project… The Court found that the federal government had not ‘adequately consulted’ with ‘First Nations’ groups…

Based on previous approval from the federal government, other groups involved had, in good faith, been investing time, energy and money, upholding their commitments and doing their part. Notably, the chief proponent, ‘Enbridge’, the company behind the Northern Gateway project, went through extensive consultations with aboriginal groups… Continue reading ‘Shooting Ourselves in the Foot…’