Law360 Canada (June 27, 2024, 3:29 PM EDT) -- Appeal by McLeod Lake Indian Band (MLIB) from decision dismissing its application to be added as respondent or file response in judicial review proceeding commenced by West Moberly First Nations (WMFN). The judicial review concerned the adequacy of consultation by the Province regarding the forestry activities by Canadian Forest Products Ltd. (Canfor) in an area known as Chuu Xaadeslii (Chuu), which WMFN claimed as historically and culturally important. MLIB had treaty rights over this claimed traditional territory, was consulted and supported the forestry permits. MLIB argued the judicial review might adversely impact its treaty rights if the court found WMFN was owed deep consultation. MLIB alleged WMFN was encroaching on MLIB’s territory. MLIB alleged in its notice of application that it had an interest in the subject of the judicial review proceeding because if WMFN was granted the relief it sought in its petition, MLIB would suffer harm. The alleged errors by the judge, as distilled into two issues, were whether his reasons were sufficient and whether he committed reversible error in declining to add MLIB as a respondent to WMFN’s judicial review proceeding. WMFN and the Province opposed adding MLIB, arguing the proceeding would not determine MLIB’s rights....