Question Period Note: Colville Tribes Litigation Against BC Regarding Duty to Consult

N.A.

• The Government of Canada is aware of litigation brought forward by the Confederated Tribes of the Colville Reservation against the Province of British Columbia. Canada, however, is not a party to it.
• Crown – Indigenous Relations and Northern Affairs Canada (CIRNAC) continues to work to implement the Supreme Court of Canada’s ruling that certain Indigenous groups based outside Canada may be able to exercise rights in Canada.
• The Government of Canada takes its constitutional duty to consult Indigenous Peoples very seriously, guided by the honour of the Crown and in line with direction from the courts.

In its 2021 Desautel decision, the Supreme Court of Canada found that Indigenous groups located outside of Canada (“non-resident Indigenous groups”) may be determined to be “aboriginal peoples of Canada” under s. 35 of the Constitution Act if they are found to be successor groups to Aboriginal societies which occupied Canada at the time of European contact. This has implications for Canada’s duty to consult.
The duty to consult is a legal and constitutional obligation that requires the Crown to consult with Indigenous peoples when contemplating conduct that may adversely impact their potential or established rights. The supreme court noted that consultation with non-resident Indigenous groups may look different than with those living in Canada.
On September 3, 2025, the U.S.-based Confederated Tribes of the Colville Reservation (CCT) filed a notice of civil claim in British Columbia’s Supreme Court over discriminatory exclusion from land consultation and education. Only British Columbia is named as a defendant. Canada is not a party.

If pressed on steps taken since the Desautel ruling
• The Government of Canada is committed to renewing the relationship with Indigenous peoples based on affirmation of rights, respect, co-operation, and partnership.
• CIRNAC has been actively working to assess the impacts of the Desautel ruling in different contexts, and determine the appropriate next steps.
• We are currently determining how to implement the Court’s decision while ensuring the rights of Indigenous groups are respected.