Obtaining and presenting evidence

  • September 11, 2017

This article discusses the Federal Court of Appeal ruling concerning the processes for obtaining and presenting evidence in consultation cases in the Federal Court and Federal Court of Appeal in Tsleil-Waututh Nation v. Canada (Attorney General), 2017 FCA 128, where various First Nations challenging the approval of Kinder Morgan’s Trans Mountain Pipeline expansion, brought applications seeking more evidence about the Cabinet decision making process.