What is the standard of review of affidavit evidence in the context of a duty to consult?
Saskatchewan, Canada
The following excerpt is from Buffalo River Dene Nation v The Minister of Energy and Resources, 2014 SKQB 69 (CanLII):
The question of the existence of a duty to consult is a question of law, unless the question is tied up with questions of fact. Here, the question is one of pure law, and so the standard of review is correctness: Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73, [2004] 3 S.C.R. 511, at paragraphs 61‑63. Objection to affidavit evidence
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