Ratcliff Gets the Supreme Court to Set Aside the Approval of the Whistler Official Community Plan for Failure to Consult the Squamish and Lil'wat Nations
Ratcliff lawyers Greg McDade and Peter Millerd successfully applied on behalf of the Squamish Nation and the Lil’wat Nation to set aside the decision of the Minister of Community, Sport and Cultural Development to approve the Official Community Plan (OCP) of the Resort Municipality of Whistler.
In 2011, Squamish Nation and Lil’wat Nation, which both assert aboriginal title to the Whistler area, expressed concerns to Whistler and the province regarding the impact of Whistler’s proposed new OCP on their aboriginal rights and title. The province approved Whistler’s OCP in April of 2013 over the objections of Squamish and Lil'wat who were dissatisfied with the nature the consultation regarding the decision. Ratcliff successfully argued that the province had failed to discharge its constitutional duty to consult Squamish and Lil’wat, and that, as a result, the minister’s approval of Whistler’s OCP should be quashed.