The Supreme Court of Canada (“SCC”) rendered its decision in Ktunaxa Nation v. British Columbia (Forest, Lands and Natural Resources Operations) on November 2, 2017. This decision has important implications for both project proponents and Aboriginal groups in Canada.
Background
The Ktunaxa National Council represents the four Ktunaxa communities in Canada ...
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 ...
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 ...
About Us
Lawson Lundell's Project Law Blog focuses on updating proponents on issues emerging in the law and policy that applies to the development of major projects in Canada. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters and Indigenous consultation.