I really think that it is up in the air if the case even gets heard by the SCC. The SCC does like to get involved, but on what basis, I am just not certain. The veto question has been all but settled at this point. We have always struggled with what reasonable accommodation, but this decision points to that if the Crown focuses with laser precision on mutually identified issues and acts to solve them within reason, it passes the test.
That said, the FCA is very clear that the Crown isn't always required to accommodate or even agree with Indigenous communities if a reasonable exchange of views has taken place. With respect to the spills question, the Crown's experts disagreed on the impact of spills, but has earmarked additional funds to study the question. Again, the FCA found that reasonable.
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