The duty to consult Indigenous groups outside Canada – MLT Aikins

January 7, 2026

On December 17, 2025, the Federal Court released its decision in Lummi Nation v. Canada (Attorney General), 2025 FC 1986 (Lummi). The decision expands on the law related to the duty to consult Indigenous groups outside of Canada. In Lummi, the Federal Court determined that the Canadian government owed a duty to consult with Lummi Nation, an Indigenous Nation with reservation lands located in Washington state.

Background

The Roberts Bank Terminal 2 Project, a new shipping terminal in Delta, British Columbia, is a major project proposed by the Vancouver Fraser Port Authority. The environmental assessment for the Project identified significant adverse effects. In a 2023 Order in Council, Cabinet decided that the significant adverse environmental effects of the Project were justified in the circumstances. The Order in Council indicated that Cabinet was satisfied that the consultation process for the Project was consistent with the honour of the Crown and that Aboriginal and Treaty rights had been appropriately accommodated. The Project was authorized to proceed, subject to certain conditions.

Read More: https://www.mltaikins.com/insights/the-duty-to-consult-indigenous-groups-outside-canada/