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On May 9th 2013, the Supreme Court of Canada released its decision in Behn v Moulton Contracting Ltd, 2013 SCC 26.  The decision provides important commentary on the Crown’s duty to consult Aboriginal people.

Background

Moulton Contracting Ltd., a forestry company, was granted two timber sale licences and a road permit (the “Authorizations”) by the British Columbia ...

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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 ...

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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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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 ...

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Posted in Mining

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 ...

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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.

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