The duty to consult is a Crown responsibility. But what happens when the Crown’s consultation is inadequate? Can a company that suffers losses as a result claim compensation from the Crown? A recent decision of the British Columbia Court of Appeal in Moulton Contracting Ltd. v British Columbia, 2015 BCCA 89 indicates that it will be very difficult for companies to seek ...
On February 4, 2015, the Alberta Energy Regulator (“AER”) and the Aboriginal Consultation Office (“ACO”) released the Joint Operating Procedures for First Nations Consultation on Energy Resources Activities (the “Operating Procedures”).
The Operating Procedures set out a framework to administer and coordinate the operations of the ACO and AER on ...
On January 27, 2015, the federal government accepted the Nunavut Impact Review Board (NIRB)’s recommendation — submitted in October 2014 and supported by 127 terms and conditions — to approve Agnico Eagle’s Meliadine planned gold mine in the territory’s Kivalliq region. “It is evident that the board met its primary objectives … to protect and promote the ...
On December 2, 2014, the Yukon Supreme Court struck down the Yukon government’s Peel watershed regional land use plan because of the government’s failure to follow the process for developing that plan under final agreements (modern treaties) with the Na-Cho Nyak Dun, Tr’ondek Hwech’in and Vuntut Gwichin First Nations. The case marks the first time that a court has ...
In yet another indication of the increasing prominence of water use issues in BC, the Supreme Court of British Columbia recently upheld the practice of the BC Oil and Gas Commission to grant recurrent short-term water approvals for oil and gas activities under the Water Act. In Western Canada Wilderness Committee v British Columbia (Oil and Gas Commission), 2014 BCSC 1919
On July 18, 2014 the Province of British Columbia released the long-awaited Kitimat Airshed Study (though completed on April 25, 2014, the study was not previously released pending review).
The study is an independent assessment intended to assist the Province’s regulatory decision-making process by providing information that will be used to ultimately determine ...
Introduction
On June 26, 2014, the Supreme Court of Canada (“SCC”) released its much anticipated decision on Aboriginal title in the Tsilhqot’in case and surprised many by granting the Tsilhqot’in Nation a declaration of Aboriginal title to approximately 200,000 hectares (2,000 km2) of land.
The Tsilhqot’in case is the first case decided by the SCC granting ...
On May 9th 2013, the Supreme Court of Canada released its decision in Behn v Moulton Contracting Ltd, 2013 SCC 26. The decision provides important commentary on the Crown’s duty to consult Aboriginal people.
Background
Moulton Contracting Ltd., a forestry company, was granted two timber sale licences and a road permit (the “Authorizations”) by the British Columbia ...
On December 10, 2012, the Responsible Energy Development Act (“REDA”) received royal assent. Under REDA, the Alberta Energy Resources Conservation Board and certain regulatory functions of the Ministry of Environment and Sustainable Resource Development will be replaced with a new single provincial regulator for all oil, gas, oil sands and coal projects in the ...
On September 25, 2012, the BC Court of Appeal released its reasons in Neskonlith Indian Band v Salmon Arm (City), 2012 BCCA 379 dismissing an appeal by the Neskonlith Indian Band (the “Neskonlith”) seeking, inter alia, a declaration that the City of Salmon Arm (the “City”) had a duty to consult with the Neskonlith. The case involved a judicial review brought by the ...
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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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