Case Summary: Neskonlith v. Salmon Arm 2012

By: Shared Path Consultation Initiative

Tags: aboriginal law, duty to consult and accommodate, case summary


This is a summary of Neskonlith Indian Band v. Salmon Arm (City), 2012 BCCA 379. The significance of this case is that it lays out the barriers to placing the duty to consult on municipalities. Note that while this case declared that municipalities in BC have no duty to consult with First Nations, much of the reasoning that brings the court to this conclusion has been overturned by higher court rulings at the Supreme Court of Canada. For this reason, it is likely that this decision will be overturned and a duty to consult will be placed on municipalities in the future.

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