Supreme Court rules that First Nations must be consulted on pipeline


mentalfloss
#1
Northern Gateway: BC Supreme Court Rules That British Columbia Must Issue Its Own EA Decision And Consult First Nations

In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of deferring to the federal review and consultation. This decision has profound implications for reconciling provincial and federal jurisdiction over the environmental review of interprovincial projects, and the related Crown duty to consult affected First Nations. While the decision casts more uncertainty over the NGP, it also affects any resource development project that involves a harmonized federal/provincial review.

Background

At the centre of the case was the 2010 Equivalency Agreement (Agreement) that the British Columbia Environmental Assessment Office (EAO) entered into with the National Energy Board (NEB). The EAO agreed that the NEB (federal) review "constitutes an equivalent assessment" to a provincial assessment under the BC Environmental Assessment Act (EAA). The Agreement stated that the NGP did not require assessment under the EAA and could proceed without an EAA certificate (EAC). The Agreement also allowed the EAO to terminate the agreement upon 30 days' notice but any approval given by the NEB before termination would remain in effect.

The NEB and the Canadian Environmental Assessment Agency formed a Joint Review Panel (JRP) in 2010. The JRP undertook the federal review and issued its report in December 2013. The federal cabinet issued its decision and order on June 17, 2014, accepting the project and directing the NEB to issue a Certificate of Public Convenience and Necessity (CPCN). The NEB issued the CPCN with its 209 conditions on June, 18 2014.

The EAO relied on the Agreement and did not assess the NGP under the EAA. The Province participated in the federal JRP review and took the position that the NGP must meet five conditions before the Province would support the NGP. The Coastal First Nations also participated in the JRP review and opposed the NGP.

Northern Gateway: BC Supreme Court Rules That British Columbia Must Issue Its Own EA Decision And Consult First Nations - Environment - Canada
 
Scooby
#2
Does anybody think that these people are trying to protect the environment?

I like to think so.
 
damngrumpy
No Party Affiliation
#3
as long as something ensures a delay that is a good thing
I hope it does not get built as long as Enbridge is in the picture
 
petros
#4
Quote: Originally Posted by Scooby View Post

Does anybody think that these people are trying to protect the environment?

I like to think so.

You just keep on believing that.
 
MHz
#5
Will they be told that flying manholes are a bad sign about the pipeline?
 
mentalfloss
-1
#6
Quote: Originally Posted by petros View Post

You just keep on believing that.

It's called social license.

It's interesting how the faux FNer and resident justice expert has yet to comment on this.
 
CDNBear
+1
#7
Quote: Originally Posted by mentalfloss View Post

It's interesting how the faux FNer and resident justice expert has yet to comment on this.

Oh oh, Flossy's mad again.
 
mentalfloss
-1
#8
Mad about what?
 
CDNBear
+1
#9
Quote: Originally Posted by mentalfloss View Post

Mad about what?

That I mock your idiocy and hurt your feels. But what do I know, I'm just a faux Injin that's met people from this forum, lol.
 
mentalfloss
-1
#10
Oh, ok.
 
CDNBear
#11
Quote: Originally Posted by mentalfloss View Post

Oh, ok.

I accept your apology.
 
mentalfloss
-1
#12
For what?
 
CDNBear
+1
#13
Quote: Originally Posted by mentalfloss View Post

For what?

For you lying.
 
captain morgan
Bloc Québécois
#14
What really makes me chuckle over this revolves around what exactly does the SCoC really mean by consult?

Sounds all official-like and possibly even having some power over the approval process, but in my view, it's nothing more than a rubber-stamp action meaning that the developer must take a few weeks or months to chat with the locals and once that is completed, it's all business as usual
 
petros
#15
Quote: Originally Posted by mentalfloss View Post

It's called social license.

It's interesting how the faux FNer and resident justice expert has yet to comment on this.

It's a farce like free range eggs.

Quote: Originally Posted by captain morgan View Post

What really makes me chuckle over this revolves around what exactly does the SCoC really mean by consult?

Sounds all official-like and possibly even having some power over the approval process, but in my view, it's nothing more than a rubber-stamp action meaning that the developer must take a few weeks or months to chat with the locals and once that is completed, it's all business as usual

Pipelines are fine and dandy if you patronize people by sweet talking them.
 
mentalfloss
-1
#16
Quote: Originally Posted by CDNBear View Post

For you lying.

About what?
 
CDNBear
+2
#17
Quote: Originally Posted by mentalfloss View Post

About what?

I can't figure out if you're really as dumb as your posts make you out or you're high.
 
petros
+1
#18
Both.
 
mentalfloss
-1
#19
Quote: Originally Posted by CDNBear View Post

I can't figure out if you're really as dumb as your posts make you out or you're high.

I haven't lied about anything.

Especially not about pretending to be part of a First Nations group lol
 
CDNBear
#20
Quote: Originally Posted by mentalfloss View Post

I haven't lied about anything.

There you go lying again. You lie all the time. I've prove it on numerous occasions.

Quote: Originally Posted by mentalfloss View Post

Especially not about pretending to be part of a First Nations group lol

Oh oh, Flossy thinks he can upset me by questioning my ethnicity.

I can only imagine how hurt you have to be to try and hit that low, lol.
 
taxslave
Free Thinker
+3
#21  Top Rated Post
Quote: Originally Posted by Scooby View Post

Does anybody think that these people are trying to protect the environment?

I like to think so.

All about the money. Same as wasting time and money on yet another study and consultation. Hopefully the government will appeal this moronic decision. In fact if the government had any balls at all they would just send out the permits to start laying pipe and anyone that doesn't like it can move somewhere else.
The first pipeline to the west coast was completed in less time than the review process has take for NG. And peole wonder why Canada is considered a poor place to invest.
 
mentalfloss
#22
Social license is important.

No business should be able to do anything without it.
 
coldstream
+1
#23
The Supreme Court has is increasingly arrogant It's set itself up a judicial tyranny.. a law unto itself.. adhering to the moral relativism and radical individualism of post structural ideology.. and to disassembly of federalism.

And they really are such slimy mediocrities (none moreso than that airhead 60s era feminist of a Chief Justice - Bev MacLaughlin). Maybe we should just ignore them.. they have no mandate and no electoral franchise.

But i suppose it would be easier to negate the Charter of Rights and Freedoms as judicial instrument, which is clogging the court system with inane 'victim' claims.. and put the Charter back where in belongs.. in the hands of legislatures.. and the people of Canada
 
CDNBear
+2
#24
Quote: Originally Posted by mentalfloss View Post

Social license is important.

No business should be able to do anything without it.

Says the guy that ignores the human cost of carbon taxing.

You're an idiot.
 
petros
+1
#25
Quote: Originally Posted by mentalfloss View Post

Social license is important.

No business should be able to do anything without it.

Nobody asked me if I wanted Algonquin power setting up whirlygigs in SK.
 
MHz
#26
Quote: Originally Posted by mentalfloss View Post

Especially not about pretending to be part of a First Nations group lol

You can be white and be from the wrong side of the tracks and you end up having more in common with the Indian kids than the white kids. (whom argue with each other if there is nobody else around)
Persecution is persecution it doesn't matter where your feet are. It looks just like this every single time. This just highlights it when it is at it's most blatant.

http://www.youtube.com/watch?v=8twvXHUNrXY
 
CDNBear
#27
Flossy doesn't care about people from the "wrong side of the tracks".
 
mentalfloss
#28
Quote: Originally Posted by petros View Post

Nobody asked me if I wanted Algonquin power setting up whirlygigs in SK.

Did you contact your MP?
 
petros
#29
According to your gibberish businesses are to come to me for permission.
 
mentalfloss
-1
#30
Only a naive person would believe that.
 

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