What is the standard of review for a duty of consultation?
British Columbia, Canada
The following excerpt is from Gardner v. City of Williams Lake et al., 2005 BCSC 706 (CanLII):
The first question to be addressed is the standard of review. The plaintiff submits that the standard of review of a duty of consultation to be applied is that articulated by the court in Haida Nation v. British Columbia (Minister of Forests), [2004] 3 S.C.R. 511, 2004 SCC 73 [Haida], namely, correctness with respect to questions of law, and reasonableness with respect to questions of mixed law and fact and with respect to the process itself.
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