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 ...
Ontario has made major amendments to the Environment Quality Act (the EQA) which came into force on November 4, 2011 which significantly increase potential fines for offences. The maximum fine that may be imposed on a legal person is increased to $6 million ($1 million for a natural person). The minimum and maximum fines double for a second offence and triple for a subsequent ...
The Ontario Court of Appeal has overturned the July 6, 2010 decision of the Honourable Mr. Justice Henderson in Smith v. Inco Ltd (2011 ONCA 628), setting aside the initial award of $36 million in damages. At trial, the claimants successfully argued that the value of their properties were diminished because of nickel contamination originating from Inco’s refinery in Port ...
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 ...
Québec's Plan Nord, which is to be officially launched shortly, provides for the development of Québec's territory north of the 49th parallel over a 25-year time horizon. Sustainable development is an essential component of Plan Nord, and approximately 50% of the territory will be excluded from all industrial activity under the terms and conditions that are expected be ...
As reported in previous issues through its not for profit corporation, the Sandy Pond Alliance has launched a challenge to sections 5 and 27.1, and Schedule 2 of the Metal Mining Effluent Regulations (“MMER”). Where a mining project cannot operate its tailing impoundment area in compliance with the thresholds set out in the MMER, adding a water body to Schedule 2 permits ...
The 2011 Federal budget (“Budget 2011”) proposes that the Mineral Exploration Tax Credit, known also as the super flow-through share program, that was due to expire at the end of March 2011 be extended for an additional year to March 31, 2012. The temporary 15-per-cent Mineral Exploration Tax Credit helps companies raise capital by providing an incentive 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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