On April 24, 2008, the Province of British Columbia announced that it will not support the exploration and development of uranium in British Columbia and is establishing a “no registration reserve” under the Mineral Tenure Act for uranium and thorium. The “no registration reserve” will ensure any future claims do not include the rights to uranium. Government also ...
On November 21, 2007, the Supreme Court of British Columbia released its decision in Tsilhqot’in Nation v. British Columbia, 2007 BCSC 1700. The decision dealt with a claim brought by Chief Roger William of the Xeni Gwet’in First Nation, on behalf of the Xeni Gwet’in First Nation and the Tsilhqot’in Nation. Initially, theTsilhqot’in’s claim, against the ...
On September 25, 2007, a Federal Court Trial Judge in MiningWatch Canada v. Canada (Fisheries and Oceans), 2007 FC 955 allowed an application by MiningWatch Canada challenging the legality of decisions/actions taken by the Department of Fisheries and Oceans (“DFO”) and Natural Resources Canada in conducting the environmental assessment of a proposed copper and ...
Canadian case law continues to refine the principles of the duty to consult and accommodate Aboriginal peoples, and the May 2007 decision of the Yukon Supreme Court in Little Salmon/Carmacks First Nation v. The Government of Yukon (Minister of Energy, Mines and Resources), 2007 YKSC 28 considers the extent of its application on recently settled treaty lands in theYukon ...
On April 17, 2007 the Alberta Legislature passed legislation to reduce greenhouse gas emission intensity from large industry. The Climate Change and Emissions Management Amendment Act and accompanying Specified Gas Emitters Regulation provide that, starting 1 July 2007, companies that emit more than 100,000 tonnes of greenhouse gases a year must reduce their ...
On April 26, 2007, the Honourable John Baird, Minister of the Environment, announced the federal government’s climate change plan entitled “Turning the Corner: An Action Plan to Reduce Greenhouse Gases and Air Pollution”. As set out in the plan, the federal government has committed to reducing Canada’s total emissions of greenhouse gases, relative to 2006 ...
Recent Canadian court decisions have established there is a duty held by the federal and provincial governments to consult with First Nations. The Supreme Court of British Columbia’s decision in Red Chris Development v. Quock et al 2006 BCSC 1472 provides direction for project proponents regarding the identification of the appropriate aboriginal groups with which to ...
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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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