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 ...
Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, was introduced in the House of Commons on March 30, 2010.
Of particular interest is Part 20 of the Act, which purports to amend the Canadian Environmental Assessment Act (“CEAA”) to streamline certain process requirements for comprehensive studies ...
On March 13, 2009, the lieutenant-governor in council issued an order-in-council to prevent permits from being issued for uranium and thorium exploration and development in B.C. The order-in-council, issued under the Environment and Land Use Act, codifies the policy position issued by the government of British Columbia in April 2008 that it would not support the mining ...
On April 23, 2009, Mr. Justice James Russell of the Federal Court trial division ruled in Great Lakes United and MiningWatch Canada v. Minister of Environment and Mining Association of Canada 2009 FC 408, that the Minister of Environment is required by the Canadian Environmental Protection Act (“CEPA”) to collect and report in the National Pollutant Release Inventory ...
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 ...
The Kitikmeot Inuit Association (KIA) Board at their meeting of February 9, 2009 unanimously passed a resolution to adopt the Nunavut Tunngavik Inc. (“NTI”) Mining, Uranium, and Reclamation Policies as policies for managing surface Inuit Owned Lands in the Kitikmeot and the Article 41 Lands. The NTI Mining, Uranium, and Reclamation Policies were passed by the NTI ...
On December 18, 2008, MiningWatch Canada(“MiningWatch”) was granted leave to appeal the decision of the Federal Court of Appeal in MiningWatch Canada, et al. v. Minister of Fisheries and Oceans, et. al to the Supreme Court of Canada. The decision relates to the environmental assessment that has been carried out to date on the Red Chris Project, a proposed copper and gold ...
Bilcon Inc., an American construction firm, has launched a challenge under the North American Free Trade Agreement (“NAFTA”) that claims an environmental review panel had an anti-foreign bias when it recommended against allowing a quarry in western Nova Scotia. Bilcon had proposed a basalt quarry on a 152 hectare site approximately 30 kilometers southwest of Digby ...
In Yukon and Canada v. B.Y.G. Natural Resources Inc., 2007 YKSC 02, the Yukon Supreme Court recently granted the Canadian government leave to pursue the oppression remedy as a mechanism to pierce the corporate veil and hold individuals accountable for mining practices with serious environmental repercussions.
The events leading up to this significant decision unfolded ...
In what could be a precedent-setting case, on November 18, 2005, Ontario's Court of Appeal certified a $750 million class-action suit alleging damages from environmental contamination caused by an Inco refinery in a southwestern Ontario community. Inco sought leave to appeal of the Court of Appeal's decision in February 2006. Leave to appeal to the Supreme Court of Canada ...
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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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