Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses procedural fairness.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
The Taseko Mines project has been fraught with litigation in BC. One of the issues that has plagued this litigation has been whether or not the Indigenous groups who had claimed the land where the mine was going to be placed were treated fairly in the Crown’s duty to consult and accommodate the interests of the First Nations in approving the mine and developing the project.
Unfortunately, the Indigenous unsuccessfully challenged the project on Judicial review of the decision to approve the project, arguing that they weren’t given procedural fairness in the process that led to the approval designation at the beginning of the construction of the mine.
Watch the video for more.