Robin Junger tells Vancouver Sun that government cannot alter duty to consult Aboriginal groups based on whether it supports or opposes a project 

news & knowledge 

August 18, 2017


The province has set out its initial steps to “protect B.C.’s interests” with respect to Kinder Morgan’s $7.4 billion Trans Mountain pipeline expansion project, but has so far declined to say how much it expects that effort to cost, according to the Vancouver Sun.

McMillan partner and co-chair of the firm’s Aboriginal and environmental law committees, argues that there are also risks in being seen to treat one project differently than others: “Any government discharging its duties has to be mindful of the rule of law and fairness,” he told the Vancouver Sun.

Further to that, Junger also said: “It’s not open to any government to apply a different standard beyond the standard that the Supreme Court has set out.  And the standard that’s to be applied and the duty to consult shouldn’t be affected by whether a government supports or opposes a project.”