On August 9, 2012, the BC Court of Appeal released its decision in Adams Lake Indian Band v. Lieutenant Governor in Council, 2012 BCCA 333 in which it reversed the BC Supreme Court’s finding that consultation by the Province with the Adams Lake Indian Band in respect of the incorporation of Sun Peaks Mountain Resort as a municipality was inadequate. On appeal, the Province ...
Today the British Columbia Court of Appeal released its decision on the appeals of the Supreme Court of British Columbia’s decision in Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700. While the Court of Appeal analyzed some of the issues differently, it ultimately dismissed all appeals, and upheld the Supreme Court’s order in its entirety.
The Court of ...
In a January 3, 2012 decision illustrating that the “free entry” mining system in Ontario may be limited by Aboriginal consultation, Madam Justice Carole Brown of the Ontario Superior Court of Justice granted the Wahgoshig First Nation an injunction against junior mining company Solid Gold Resources Inc. Wahgoshig argued that they must be consulted about ...
On November 15, 2011, the Supreme Court of Yukon released its decision in Ross River Dena Council v. Government of Yukon, 2011 YKSC 84. The case is important as it is the first court decision to consider the issue of whether the Government of Yukon has a duty to consult with First Nations when recording quartz mineral claims under the Quartz Mining Act (the “Act”). It is also ...
On December 2, 2011, the members of the Xeni Gwet’in First Nation Government and the Tsilhqot’in Nation successfully obtained an injunction against Taseko Mines to carry out geotechnical drilling in support of its preparation of an environmental assessment of its revised New Prosperity Mine Project (see Taseko Mines Limited v. Phillips, 2011 BCSC 1675). The two ...
In a decision being widely reported as a victory for aboriginal interests, the Ontario Superior Court of Justice has issued its reasons in Keewatin v. Ontario (Minister of Natural Resources), 2011 ONSC 4801. The case turns on wording of the “taking up” clause in Treaty 3, one of the historic treaties in Ontario that were negotiated in the late 1800s and early 1900s. (In ...
In Liard First Nation v. Yukon Government and Selwyn Chihong Mining Ltd., 2011 YKSC 55, the Yukon Supreme Court dismissed a challenge to the Yukon Director of Mineral Resources’ (“Decision Body”) decision to allow the Selwyn Resources Underground Exploration Program (“Project”) to proceed by confirming an environmental assessment which concluded that the ...
On October 28, 2010, the Supreme Court of Canada issued a unanimous judgment in Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43, affirming the decision of the British Columbia Utilities Commission (the “Commission”) to accept the 2007 Electricity Purchase Agreement between BC Hydro and Rio Tinto Alcan ...
In West Moberly First Nations v. British Columbia (Chief Inspector of Mines), 2010 BCSC 359 (the “First Coal Decision”) West Moberly First Nation successfully challenged the issuance of three Crown permits to First Coal related to bulk sampling of coal, advanced exploration drilling, and timber cutting near Chetwynd on Treaty 8 lands.
Williamson J. held that ...
On April 7, 2009, the Province of British Columbia announced they have signed a Mining and Minerals Agreement with the Stk’emlupsemc of the Secwepemc Nation ("SSN") (as represented by the Tk’emlúps (formerly Kamloops) Indian Band and the Skeetchestn Indian Band) which will help to develop capacity for the SSN to participate in, and benefit from, mining activities ...
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Lawson Lundell's Environmental, Indigenous and Natural Resources Blog focuses on environmental, indigenous and natural resources law, as well as related litigation. Included are summaries of significant cases from Canadian appellate courts, changes in the legal framework governing resource development including energy and climate change policy, and key decisions from the more influential regulatory bodies in Canada.
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