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Colville Lake Renewable Resources Council v Northwest Territories (Minister of Environment and Natural Resources)

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancaselawcocourtopinion
canada, canadian, case law, court opinion, canlii, ntca, 2025nwtca1, 2025 nwtca 1 (canlii), 2025, nwtca, 1, (canlii), a1-ap-2023-000-011, 2025, indigenous peoples, modern treaty, wildlife co, management, harvesting rights, dispute over community level renewable resources councils’ power to manage the exercise of participants’ harvesting rights under the treaty, co, management regime involving renewable resources councils, the board, and the minister as ultimate decision, making authority, appeal dismissed, statutory interpretation, treaty interpretation, plain reading, “local exercise”, whether “local” qualifies “exercise” rather than “participants” in s 13.9.4(b), meaning of “locality” as a place or area, including methods, seasons and location of harvest, reading in “local participants” rejected, appeal dismissed, administrative law, judicial review, ministerial decision, recommendation varied, whether the minister’s variation of recommendation 4.1 was based on an interpretation not supported by the language of the recommendation or the treaty, consideration of treaty “guardrails”, consistency with legislation and policies of the board, and iterative process review, appeal dismissed, administrative law, standard of review, correctness, treaty rights, whether correctness applies where interpretation of the scope of treaty rights is in issue, reliance on canada (minister of citizenship and immigration) v vavilov and makivik corporation v canada (attorney general), correctness confirmed as applicable standard, appeal dismissed
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