The recent decision on consultation adequacy in Saugeen First Nation and Chippewas of Nawash Unceded First Nation v. Ontario Minister of Natural Resources and Forestry and T & P Hayes Ltd., 2017 ONSC 3456 recognized that the expense of consultation arises as a result of the proponent’s desire to pursue a project, usually for gain, and the desire of the Crown to see the project move ahead. Therefore, it is not unreasonable in all circumstances, for First Nations to take the position that they shouldn’t have to pay out of pocket and absorb consultation costs, to help the Crown fulfill its consultation obligations regarding proponent projects. This article from OKT Law summarizes the decision.