This is a guest contribution by Johnny Jaswal, Managing Director of the Jaswal Institute.  If you would like to submit a contribution please contact Bill Beatty for submission details. Thank you.

The Federal Court of Appeal recently quashed certificates, issued by the federal cabinet, approving the $7.9 billion Northern Gateway pipeline on the basis that the Conservative government did not fulfill its duty to consult First Nations communities.

The judgment was unforgiving of the Harper government, with the court stating:

Canada offered only a brief, hurried and inadequate opportunity…to exchange and discuss information and to dialogue. The inadequacies—more than just a handful and more than mere imperfections—left entire subjects of central interest to the affected First Nations, sometimes subjects affecting their subsistence and well-being, entirely ignored. Many impacts of the project…were left undisclosed, undiscussed and unconsidered. It would have taken Canada little time and little organizational effort to engage in meaningful dialogue on these and other subjects of prime importance to Aboriginal peoples. But this did not happen. Overall, bearing in mind that only reasonable fulfilment of the duty to consult is required, we conclude…Canada fell short of the mark.