Crown's Duty to Consult Not Triggered by Grants of Subsurface Rights in Saskatchewan's Resource Extraction Scheme In Buffalo River Dene Nation v. Saskatchewan (Energy Resources), 2015 SKCA 31, the Saskatchewan Court of Appeal clarified that the grant of subsurface mineral rights in Saskatchewan, such as an oil sands exploration permit, does not trigger the Crown's duty to consult with First Nations. The decision dismisses the Buffalo River Dene Nation's (BRDN) appeal from a dismissal of their application for judicial review of the Minister of Energy and Resources' decision to post and issue exploration permits for bitumen resources in their traditional territory. The court concluded the duty to consult is not triggered in the granting of subsurface rights primarily on the grounds that there is no potential for conflict between the rights conferred by the permit and the First Nation's treaty rights.
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