The Lax Kw’alaams Indian Band (the “Band”) brought an application seeking to set aside a permit issued by the Minister of Sustainable Resource Management and a declaration that the Minister owed a duty to the Band to consult with them prior to granting such a permit. The court found that the Minister had an obligation to consult and accommodate the Band with respect to the permit but dismissed the Petition on the basis that there was no evidence that such consultation and accommodation had not occurred in this instance.
Administrative law – Logging permits – Aboriginal issues – Government’s duty to consult – Procedural requirements – Natural justice Lax Kw’alaams Indian Band v. British Columbia (Minister of Sustainable Resource Management), [2002] B.C.J. No. 1699, British Columbia Supreme Court, July 19, 2002, Maczko J. On April 30, 2002, the Minister of Sustainable Resource Management (the ...