On June 29th, 2012, the British Columbia Court of Appeal handed down its Reasons for Judgment in Friends of Davie Bay v. Province of British Columbia (EAO), 2012 BCCA 293. The case dealt with the interpretation of the term “production capacity” under BC’s Reviewable Projects Regulation and has important implications for project development in BC.
At issue was the ...
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 ...
This is the first of two blog posts on the statutory powers of investigation and inspection granted under the federal Fisheries Act, examined through the lens of a recent series of cases beginning with R v Mission Western Developments Ltd., 2010 BCPC 274, involving a property developer charged with harmful alteration of fish habitat contrary to section 35 of the Fisheries ...
On May 9, 2012 the federal Minister of Environment announced the establishment of a three-member Review Panel for the New Prosperity Gold-Copper Mine Project. The panel is established pursuant to s. 33 of the Canadian Environmental Assessment Act (“CEAA”), and its Terms of Reference are posted on the Canadian Environmental Assessment Agency’s website. The Terms ...
On April 26, 2012, the Federal Government introduced Bill C-38, which implements various components of Canada’s 2012 federal budget announced on March 29, 2012 and in its April 17, 2012 Plan for Responsible Resource Development. The most significant change included in the bill is the complete repeal and replacement of the Canadian Environmental Assessment Act
On April 17, 2012 the federal government announced its Plan For Responsible Resource Development, setting out further details on steps to implement proposals for streamlining the federal environmental assessment (“EA”) process. This Plan follows on the heels of the federal budget and the Statutory Review of the Canadian Environmental Assessment Act, which both ...
On March 13, 2012, the Standing Committee on Environment and Sustainable Development issued recommendations for improving the Canadian Environmental Assessment Act (CEAA) process (click on Print Format for the complete report).
The recommendations focus on:
- improving timeliness;
- decreasing duplication with provincial processes;
- improving aboriginal ...
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 ...
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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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