Project Law Blog

Tag Archives: BC Court of Appeal

B.C. Court of Appeal review of the BC Environmental Assessment Process – Case Comment on Fort Nelson First Nation v. British Columbia

Posted in Aboriginal, Environmental

Introduction In Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500, the B.C. Court of Appeal recently considered three issues involving the Reviewable Projects Regulation under B.C.’s Environmental Assessment Act: whether a letter from the Environmental Assessment Office (“EAO”) confirming a proponent’s interpretation of the Regulation is a judicially reviewable “decision”;… Continue Reading

Court of Appeal Upholds Ruling that Municipalities Do Not Have a Constitutional Duty to Consult First Nations

Posted in Aboriginal, Constitutional Law, Consultation, Project Permitting

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… Continue Reading

BCCA Overturns Finding of Inadequate Consultation with Adams Lake Indian Band in Respect of the Incorporation of Sun Peaks Resort

Posted in Aboriginal, Consultation

On August 9, 2012, the BC Court of Appeal released its decision in Adams Lake Indian Band v. Lieutenant Governor in Council, 2012 BCCA 333 in which it reversed the BC Supreme Court’s finding that consultation by the Province with the Adams Lake Indian Band in respect of the incorporation of Sun Peaks Mountain Resort… Continue Reading