What is the impact of a Minister's failure to consider the strength of the claim or the degree of infringement?
British Columbia, Canada
The following excerpt is from Chartrand v. The District Manager, 2013 BCSC 1068 (CanLII):
Failure to consider the strength of the claim or the degree of infringement also represents a complete failure of consultation based on the criteria that are constitutionally required: Huu-Ay-Aht First Nation v. British Columbia (Minister of Forests),. 2005 BCSC 697 at para. 126.
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