The Supreme Court of Canada has established the Crown’s duty to consult Indigenous peoples when contemplating action that may adversely impact their rights affirmed by section 35 of the Constitution Act, 1982 in several landmark cases, including in the historic case of Haida Nation v. British Columbia (Minster of Forests).[1] The Crown can delegate the process of consultation to proponents, including municipalities, however the ultimate responsibility for satisfying itself on whether the duty to consult has been fulfilled lies with the Crown.
This duty to consult was considered by the Ontario Land Tribunal (the “Tribunal”) in its recent decision by Member Hardy in Galibier Materials Inc. v. Springwater (Township) (OLT-23-000990, 20 February 2025). The Tribunal’s decision establishes a potentially destabilizing precedent for Ontario’s planning regime respecting obligations to consult.