[Mr.Coffee]

Let's talk about taking aboriginal rights seriously. First of all, the courts implied in their ruling that the energy companies actually did adequate consultation but that the governments were essentially useless, you're right. Consultation is supposedly on the government, but in practice the governments never do it (or, rarely do it and rely on energy companies to do it).

But where it all breaks down for me is that the burden of consultation hasn't been properly prescribed (maybe this is more to your point with unclear rules?). No treaties in BC mean that random FN band 700 miles away can make dubious claims to traditional territory if a pipeline goes through it. This fact regarding adequate consultation for the process makes it tough to appease so many different (and largely unaffected today) groups. I don't think it's right, and by extension it renders the regulatory process ineffective (I don't want to use the term stable, I don't think that's quite the right term).

Changing the regulatory requirements for clear descriptions of what consultation is and should consist of, would be of benefit to everybody (including First Nations I think).