What is the applicable standard for reviewing a government's decision on whether it had a duty to consult?

British Columbia, Canada


The following excerpt is from Adams Lake Indian Band v. British Columbia (Ministry of Forests, Lands and Natural Resource Operations), 2013 BCSC 877 (CanLII):

The petitioner argues that both the duty to consult and adequacy of consultation are reviewable on a correctness standard, citing Beckman v. Little Salmon/Carmacks First Nation, 2010 SCC 53 at para. 48, [2010] 3 S.C.R. 103. I agree that the applicable standard is correctness in reviewing the government’s decision on whether it had a duty to consult, but I conclude that the standard of review of decisions going to the adequacy of consultation is reasonableness.

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