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Local Government has no “duty to consult” First Nations

Today, our B.C. Court of Appeal ruled unanimously that a local government does not have a duty to consult First Nations as if it were the Crown. In Neskonlith Indian Band v. City of Salmon Arm, the Court concluded that Local governments, as a third order of government, are simply not in a position to suspend the application of bylaws or the terms of official community plans to grant benefits to First Nations or consider matters outside of their statutory parameters. A more detailed newsletter will be released by the firm shortly.

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