News

Nation_Building

Friends of the Oldman River Society v Canada

on August 28, 2019

The Canadian government cannot ignore its legal obligations

In the Friends of the Oldman River Society case, the Supreme Court of Canada does not directly address the law as it relates to Indigenous issues. The court did consider, however, whether the Canadian government could ignore rules it had set for itself in the area of environmental assessments. The court ruled that when the Parliament of Canada imposes obligations on Canadian ministers, those ministers are required to fulfill those obligations. This case is important for Indigenous peoples because it reaffirms the principle that the Crown cannot act in violation of its obligations, even if those obligations are self-imposed.

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/829/index.do

Brent NolanFriends of the Oldman River Society v Canada