Omnibus budget bills that transformed Canada’s environmental laws visited by the Federal Court

The Federal Court issued its decision in Courtoreille v Governor General in Council 2014 FC 1244 on December 19^th.  In this case, Chief Steve Courtoreille – on behalf of himself and the Mikisew Cree First Nation – sought relief for the federal government’s failure to consult prior to introducing the 2012 omnibus budget bills which made significant changes to Canada’s environmental laws (see our summaries here and here).

At page 63, the Court stated that:

…a duty to consult arose in the circumstances of this case.  That duty was triggered upon the introduction of each of the Omnibus Bills in Parliament.  The extent of that duty was for the Crown to give notice to the Misikew {sic} and a reasonable opportunity to make submissions.

In other words, the Court found that the federal government proceeded improperly when it failed to consult with the Mikisew Cree First Nation upon introducing the omnibus budget bills in 2012.

Read more on the ELC blog.

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